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THE INTERNATIONAL PROTECTION 
OF LABOR 



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THE MACMILLAN COMPANY 

NEW YORK • BOSTON • CHICAGO • DALLAS 
ATLANTA • SAN FRANCISCO 

MACMILLAN & CO., Limited 

LONDON • BOMBAY • CALCUTTA 
MELBOURNE 

THE MACMILLAN CO. OF CANADA, Ltd. 

TORONTO 



THE 

INTERNATIONAL 

PROTECTION 

OF LABOR 



BY 

BOUTELLE ELLSWORTH LOWE, Ph.D. 

AUTHOR OF "representative INDUSTRY AND TRADE-UNIONISM OF AN AMERICAN 
CITY," "international ASPECTS OF THE LABOR PROBLEM," ETC. 



THE MACMILLAN COMPANY 
1921 

All rights reserved 



PRINTED IN UNITED STATES OF AMERICA 






Copyright, 1921 
By BOUTELLE ELLSWORTH LOWE 



Set up aod electrotyped. Published October, 1921. 



8 1921 



§)CI.A627777 



FERRIS PRINTING COMPANY 
NEW YORK 



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PREFACE 

In 1918 the writer published a Doctor's dissertation on the 
International Aspects of the Labor Problem, after collecting 
copies of international labor treaties and proposals for such 
treaties and translating those which had not already been trans- 
lated into English. Although more or less had been published 
on the continent of Europe in French and German on the move- 
ment for international labor legislation, this subject had received 
little attention from American or English writers. In 1919 the 
writer sent to the United States Bureau of Labor Statistics a 
report including the collection of copies of labor treaties and 
proposals for such treaties, which led to the publication by that 
Bureau in 1920 of Bulletin No. 268 (Miscellaneous Series), en- 
titled, Historical Survey of International Action Affecting Labor. 

Previous to the World War the United States was thought by 
many to be fully a generation behind Europe with respect to 
various phases of labor legislation. Certain it is that the United 
States was among the most backward of great nations in taking 
part officially in the international regulation of labor conditions. 
It is the purpose of this book to describe the movement for inter- 
national labor legislation, to present the labor agreements that 
have resulted therefrom, and to endeavor to show the legislative 
developments that may enable the United States to do more than 
it has heretofore done towards treating labor problems in an 
international way. 

The Introduction is topical and briefly outlines the four phases 
of international action which have affected labor and which have 
contributed to the movement for international labor legislation 
(see p. xv). It also contains a more detailed outline of the pro- 
ceedings of the International Labor Organization of the League 
of Nations. 

The Movement for International Labor Legislation in the 
chronological order of the events that contributed to it up to the 
time of the war, and in its relation to America and to the 
formation of the International Labor Organization of the League 
of Nations directly after the war, is discussed in Part I (see p. 1). 

vii 



PREFACE 

International Labor Legislation, or, in other words, the poly- 
partite and bipartite labor treaties that had been ratified and 
brought into actual operation as a result of the movement for 
international labor legislation, as well as the proposals made for 
such treaties, up to the time of the war, are treated in Part II 
(see p. 110) and in Appendices I (see p. 169) and II (see p. 233). 
A table of contents for Appendix I is given on pp. 171, 172, and 
for Appendix II on pp. 235-237. 

The Supplement (see p. 399) includes a copy of the Covenant 
of the International Labor Organization of the League of Na- 
tions as contained in the Peace Treaty of 1919, as well as copies 
of the recommendations and draft conventions adopted by the 
Conference of the International Labor Organization of the 
League of Nations at Washington in 1919 and at Genoa in 1920. 

The Bibliography (see p. 331) has a table of contents on pp. 
332, 333, covering publications in German, French, English, 
Italian, Spanish, Swedish, Hungarian, Danish, Dutch, and Fin- 
nish. 

A Short Bibliography of most recent publications in English 
is given on pp. xv, xvi. 

A Key to the abbreviations used in the citation of references 
in this book and particularly in the Bibliography, will be found 
on p. 334. 

An Index to Parts I and II Is contained on pp. 391-398. 

A Concise Table of Contents for the entire book is given on 
p. ix. 

Tables of congresses and treaties are given on pp. x-xii. 

The writer wishes to express his appreciation of the readiness 
of Dr. John B. Andrews, Secretary of the American Association 
for Labor Legislation, to place source material at his disposal and 
of the helpful suggestions of Hon. John Bassett Moore, of the 
Chair of International Law, at Columbia University. 

New York City, BOUTELLE ELLSWORTH LOWE. 

March 24, 1921. 



viu 



CONTENTS 



Chapter P^9^ 
Preface vii 

Introduction ^v 

International Socialist Movement xvi 

International Trade-Union Movement xxi 

International Activities of Social Reformers, and of Private and 

Semipublic Associations xxv 

Intergovernmental Action Respecting Labor xxxii 

PART I. 

The Movement for International Labor Legislation 

I. The Movement Defined 3 

11. Genesis of the Movement 11 

III. International Labor Conferences SI- 

IV. Pro et Contra 66 

V. The Relation of America . , 79 

VI. The Movement in Perspective 96 

PART II. 

International Labor Legislation 

I. Conventions Signed at Bern 112 

II. Protective Labor Treaties 137 

Appendix 1 169 

Labor Law Internationally Adopted — Contents 171 

Appendix II. 233 

Labor Resolutions Internationally Subscribed — Contents 235 

Index to Parts I and II. ... .- 391 

BIBLIOGRAPHY 

Contents 332 

Key to Bibliography 334 

Short Bibliography xiii 

SUPPLEMENT 

International Labor Organization of the League of Nations 

Labor Section (Part XIII) of the Peace Treaty of 1919 401 

Draft Conventions and Recommendations of the Conference of Wash- 
ington, 1919 412 

Draft Conventions and Recommendations of the Conference of 
Genoa, 1920 432 

W 



CONTENTS 

TABLES OF CONGRESSES 

International Congresses of Socialists (1864-1881) 

International Workingmen's Association and the First International,^ 

1864 ^vi, 14 

Congress of Geneva, 1866 J5 

Congress of Lausanne, 1867 J6 

Congress of Brussels, 1868 Jo 

Congress of Basel, 1869 16 

Congress of The Hague, 1872 16 

Congress of Geneva, 1873 16 

Congress of Brussels, 1874 - 16 

Congress of Bern, 1876 16 

Congresses of Verviers and Ghent, 1877 16 

Congress of Chur, 1881 16 

Socialist and Labor Congresses (1883-1888) 

Congress of Paris 1883 xvi, xxi, 16, 24 

Congress of Paris, 1886 xvi, xxi, 16, 24 

Congress of London, 1888 xvi, xxi, 16 

International Congresses of Socialists (1889-1912, 1919, 1920) 

Congress of Paris and the Second International, 1889 xvii, 16, 27 

Congress of Brussels, 1891 xvii, 16, 34 

Congress of Zurich, 1893 xvii, 16, 34 

Congress of London, 1896 16, 34 

Congress of Paris, 1900 16 

Congress of Amsterdam, 1904 ^ 16 

Congress of Stuttgart, 1907 xxii, 16 

Congress of Copenhagen, 1910 ^ 16 

Congress of Basel, 1912 xvii, 16 

Congress of Bern, 1919 xix 

Congress of Geneva, 1920 xx 

War-Time Socialist Congresses 

Congress of Copenhagen, 1915 (Neutral Powers) xviii 

Congress of Vienna, 1915 (Central Powers) xviii 

Socialist and Labor Conferences of London, 1915, 1917, 1918 (Allies) xviii 

Congress of Zimmerwald, 1915 (International) xviii 

Congress of Kienthal, 1916 (International) xviii 

Congress of Stockholm, 1917 (International) xix 

Congresses of the Third International 

Congress of Moscow, 1919 xx 

Congress of Moscow, 1920 xx 

Miscellaneous 

Congresses of Socialist Women, 1907, 1910 xviii 

Congress of Socialist Students, 1919 xx 

Pan-American Socialist Congress, 1919 xx 

X 



CONTENTS 

TABLES OF CONGRESSES— Continued 

International Congresses of Trade-Unions 

The international trade-union movement xxi-xxv, 16, 17 

Congresses of Paris, 1883 and 1886, and of London, 1888. . .xvi, xxi, 16, 21 

Congress of Zurich, 1897 35, 247 

Congresses of the International Federation of Trade Unions, 1901- 

1919 xxii 

Seventeenth Miners* International Congress, 1906 46 

Congress of San Salvador, 1911 xxiv 

Congress of Leeds, 1916 xxiii 

Congress of Bern, 1917 xxiv 

Congress of Laredo, 1918 xxiv 

First International Congress of Working Women, 1919 xxv 

Congress of Mexico City, 1921 xxiv 

International Congresses of Semipublic and Private Associations 

Congress of Brussels, 1897 xxv, 36, 248 

Congress of Paris, 1900 .xxvi, 38 

International Association for Labor Legislation xxvi, 39, 40, 249 

First Delegates' Meeting, Basel, September 27, 28, 1901 41, 252 

Second Delegates' Meeting, Cologne, September 23, 24, 1902. . .42, 254 

Commission Meeting at Basel, September 9-11, 1903 43, 255 

Third Delegates' Aleeting, Basel, September 26, 27, 1904 44, 258 

Fourth Delegates' Meeting, Geneva, September 27-29, 1906 47, 264 

Fifth Delegates' Meeting, Lucerne, September 28-30, 1908 57, 269 

Sixth Delegates' Meeting, Lugano, September 26-28, 1910 59, 281 

Seventh Delegates' Meeting, Zurich, September 10-12, 1912.... 61, 300 

International Congresses on Unemployment, 1906-1913 xxx, 53, 98, 322 

Congresses of the International Federation for the Observance of 

Sunday, 1876-1915 xxviii, 54 

Congresses and Conferences of the Permanent International Com- 
mittee on Social Insurance, 1889-1912 xxviii, xxix, 98, 100 

Third International Congress on the Cultivation of Rice, 1906 56 

International Congresses on Occupational Diseases, 1906-1910. . .xxix, xxx 
International Home Work Congresses, 1910-1912 xxx, xxxi, 61 

Official International Labor Conferences 

Conference of Berlin, 1890 xxxiii, 31, 244 

Conference of Bern, 1905 xxxiv, 46, 112, 174-175 

Conference of Bern, 1906 xxxiv, 47, 119, 175-180 

Second International Peace Conference at The Hague, 1907 56 

Conference of Bern, 1913 xxxiv, 64, 131, 318-321 

Peace Conference, 1919 xxxvii, 104-110,401-412 

Conference of Washington, 1919 xxxviii-xli, 101, 102, 412-432 

Conference of Genoa, 1920 xlii, xliii, 102, 432-439 



LABOR TREATIES 

Page 

Franco-Italian Treaty, 1904 137 

Swiss-Italian Treaty, 1904 142 

German-Italian Treaty, 1904 142 

Treaty between Germany and Austria-Hungary, 1905 143 

Accident Insurance Treaty between Luxemburg and Bel- 
gium, 1905 144 

German-Luxemburg Accident Insurance Treaty, 1905 145 

Franco-Italian Treaty, 1906 146 

Franco-Belgian Accident Insurance Treaty, 1906 146 

Franco-Italian Accident Insurance Treaty, 1906 148 

Franco-Luxemburg Accident Insurance Treaty, 1906 149 

International Convention Respecting the Prohibition of 
Night- Work for Women in Industrial Employment, 

1906 112 

International Convention Respecting the Prohibition of the 
Use of White (Yellow) Phosphorus in the Manufac- 
ture of Matches, 1906 112 

German-Netherlands Accident Insurance Treaty, 1907. ... 150 

Franco-British Accident Insurance Treaty, 1909 151 

Hungarian-Italian Accident Insurance Treaty, 1909 1S2 

Franco-Italian Treaty, 1910 153 

Franco-Italian Treaty, 1910 i56 

German- Swedish Treaty, 191 1 156 

Franco-Danish Treaty, 191 1 157 

German-Belgian Accident Insurance Treaty, 1912 159 

German-Italian Accident Insurance Treaty, 1912 160 

German-Spanish Accident Agreement Respecting Sailors, 

1913 163 

Treaty between the United States and Italy, 1913 i64 

Franco-Swiss Insurance Agreements, 1913 165 

Italian-German War Arrangement, 191 5 166 



xu 



SHORT BIBLIOGRAPHY 

Lowe: International Aspects of the Labor Problem, W. D. Gray, New 
York, 1918. 

Gompers: American Labor and the War, Part One, Chapter IV, and 
Part Two, Doran, New York, 1919. 

Hicks: The New World Order, Chapters XVI, XIX, XX, Doubleday, 
Page & Co., New York, 1919. 

Ayusawa: International Labor Legislation, Longmans, Green & Co., New 
York, 1920. 

Lowe and Magnusson: Historical Survey of International Action Affect- 
ing Labor, Bulletin of the United States Bureau of Labor Statistics, 
No. 268, Miscellaneous Series, Government Printing Office, Wash- 
ington, D. C, 1920. 

Solano, editor : Labor c^ an International Problem, Macmillan & Co., Lon- 
don, 1920. 

Miller : International Relations of Labor, Alfred A. Knopf, Publisher, N. 
Y, 1921. 

Parkinson: "Constitutionality of Treaty Provisions Afifecting Labor," in 
American Labor Legislation Reviezv, March, 1919, pp. 21-32. 

Chamberlain: "The Power of the United States Under the Constitution 
to Enter Into Labor Treaties," in American Labor Legislation Review, 
September, 1919, pp. 330-338. 
"Migratory Bird Treaty Decision and Its Relation to Labor Treaties," 
in American Labor Legislation Review, June, 1920, pp. 331-335. 

Commons and Andrews: Principles of Labor Legislation, Harpers, New 
York, 1920. 

Duggan, editor : The League of Nations, Atlantic Monthly Press, Boston, 
1919. 

Lauck: "International Labor Question," Annals of the Academy of Politi- 
cal and Social Sciences, May, 1919, pp. 186-202. 

International Labor Organization: Publications of the World Peace 
Foundation ; Report of the Commission on International Labor Legis- 
lation of the Peace Conference; The Peace Treaty and Labor Legis- 
lation in American Labor Legislation Review, Vol. IX, No. 3, Septem- 
ber, 1919; Academy of Political Science, Prodceedings 8, No. 3, pp. 
80-102. 

The Conference of Washington, 1919: American Labor Legislation Re- 
view, Vol. IX, No. 4, December, 1919; London Nation, December, 
1919; Monthly Labor Review, January and February, 1920, United 
States Bureau of Labor Statistics; New Republic, Dec. 24, 1919; 
American Federationist, January and February, 1920; The Survey, 
Nov. 15, 1919; Current History Magazine, N. Y. Times, January 3, 
1920; American Child, I. pp. 186-192, November, 1919; Literary Di- 
gest, December 20, 1919 ; Review of Reviews, December, 1919. 

The Conference of Genoa, 1920: American Labor Legislation Review, 
Vol. X, No. 3, September, 1920. 

xiii 



BIBLIOGRAPHY 

International Conferences: Labor Conference of Leeds, 1916, Bulletin of 
the United States Bureau of Labor Statistics, No. 254, pp. 123-125; 
Labor Conference of Bern, 1917, Bulletin of the United States Bureau 
of Labor Statistics, No. 254, pp. 126-129; Interallied Socialist and 
Labor Conference, London, 1915, Labor's War Aims, special bulletin 
of International Concilication, June, 1918, pp. 179-181; Socialism in 
Thought and Action by Laidler, Macmillan, 1920; Pan-American 
Labor Conference, Laredo, 1918, "Report of the Executive Council 
of the American Federation of Labor to the 39th Annual Convention, 
Atlantic City, June 9, 1919;" Pan-American Labor Press, Dec. 4, 1918, 
printed in San Antonio, Texas ; Congress of the International Federa- 
tion of Trade Unions Amsterdam, 1919, American Federationist, 
October, 1919, pp. 921-953; International Congress of Working Wo- 
men, 1919, Life and Labor, Jan. 1920, published by the Women's Trade 
Union League; Conditions of the Third International, Nation, Oct. 
13, 1920; Geneva and Moscow, Review, September 8, 1920; Socialist 
Internationale, Living Age, September 11, 1920; Socialist Interna- 
tional, Geneva Congress, by Sidney Webb, New Republic, September 
22, 1920; Third International, by John Spargo, Current History Maga- 
zine, N. Y. Times, September, 1920; American Socialists and Moscow, 
by M. Hillquit, Current History Magazine, N. Y. Times, October, 
1920; The Two Internationals, by R. Palmo Dutt, London, Labor 
Research Department, 1920; The French SociaUst Split, Independent, 
January 16, 1921, p. 68. 



xiv 



INTRODUCTION 



The international protection of labor is a name for the move- 
ment which has resulted in the adherence of nations to treaties 
and conventions protecting workers. These agreements tend to 
establish international standards for the regulation of industry. 
The international activities of sociaHsts, trade-unionists, social 
welfare workers, and governments constitute respectively the 
political, economic, scientific, and official phases of international 
action which has affected this movement. In its origin and early 
development it derived very much of its energy from the agita- 
tion of socialists. However, to influence existing governments 
to sign labor treaties was only an item upon the sociaHst pro- 
gram. The theory of socialism has been to change the principles 
underlying the present political and social order. Like the social- 
ists, the trade-unionists have advocated international labor legis- 
lation, but their influence in this respect has been less than that 
of socialists. In its international aspects as well as in its national 
aspects, trade-unionism has been chiefly concerned with the 
economic improvement of the working classes and in strengthen- 
ing labor in its collective bargaining with employers. It was the 
social welfare workers, organized in private and semi-public 
associations and aided by the co-operation of interested govern- 
ments, who devised the efficient organization that led to the 
actual adoption of international labor laws by these governments. 
During the war, however, the propaganda of trade-unionists and 
socialists for international labor legislation and for the incorpora- 
tion in the Peace Treaty of guarantees for the maintenance of 
proper labor standards became more pronounced than that of any 
other groups. A result of the war in its relation to the movement 
for international labor legislation was the creation of an Inter- 
national Labor Organization in conjunction with the League of 
Nations, by which governments assumed the official direction of 



XV 



THE INTERNATIONAL PROTECTION OF LABOR 

this movement. Following is a brief historical summary of the 
four phases of international action which have contributed to the 
movement for international labor legislation. 



International Socialist Movement."^ 

In 1838 the Communist League was founded in London for 
the purpose of bringing about the overthrow of the existing form 
of society by means of the international organization of workers 
in all countries. The League gained considerable publicity 
through the appearance in 1848 of "the manifesto of the Com- 
munist Party" written by Karl Marx and Frederick Engels. 

Fourteen years after the dissolution of this League, the In- 
ternational Workingmen's Association was founded at London 
(1864). The organization represented originally a movement of 
trade-unionists for the economic emancipation of the workers. 
It contained, however, another group which advocated political 
domination by the working classes; and, as a result of the in- 
fluence exerted by this group under the guidance of Karl Marx 
during the first three congresses, the Association was converted 
into a socialist organization which is known as the First Inter- 
national. Ten international congresses are identified with this 
movement from 1864 to 1881. The Association continued active 
until 1872, when, through the loss of the confidence of its English 
members because of its supposed connection with the insurrection 
of the Paris Commune and through the dissension of Marxists 
and Bakunists within its ranks, it gradually lost its vigor and 
finally disappeared. 

Congresses representing socialists and trade-unionists were 
convoked at Paris in 1883 and 1886, and at London in 1888. 
Both of the Congresses held at Paris advocated international 
labor legislation. 

Because of differences which had arisen and which a special 
conciliatory Congress called by the Social Democratic group of 
the German Reichstag at The Hague, Feb. 4, 1889 (see p. 243), 

"^Cf. Bulletin of the United States Bureau of Labor Statistics, No. 268, 
Miscellaneous Series, pp. 34-64. 

xvi 



INTRODUCTION 

had failed to settle, the Marxists and Possibilists convened sep- 
arate congresses in Paris, July 14, 1889. Before the end of their 
session a rapprochement between these two factions was reached 
and they agreed to hold their next meeting at Brussels in 1891. 
The coming together of these socialist groups marks the forma- 
tion of what is known as the Second International. The Marx- 
ists advocated labor treaties for the international application of 
the protective labor principles embodied in their resolutions for 
the prohibition of the work of children under fourteen years of 
age, and of night-work in general; an eight-hour day; weekly 
rest; conservation of health etc}; and they appointed five dele- 
gates to use their influence in behalf of such legislation at an 
international labor conference which had been proposed by the 
Government of Switzerland. The Possibilists also favored in- 
ternational labor laws. 

International labor legislation constituted the principal topic 
of discussion at the second Congress of the new International 
held at Brussels in August, 1891, and it was again discussed and 
advocated by the Congress of Zurich in 1893. Up to the time 
of the World War the Second International had held eight regu- 
lar congresses, and one special peace conference in 1912. 

In 1900 the International Socialist Bureau was established at 
Brussels as a result of the Congress held at Paris in that year. 
Its purpose was to gather and publish information on the problems 
of socialism and to report on the status of the socialist move- 
ment. Its official publication was entitled the Periodical Bulletin 
of tht International Socialist Bureau. Each country was allotted 
two representatives in the membership of the Bureau while 
members of the Socialist Interparliamentary Commission were 
made alternate delegates with the privilege of taking part in 
its meetings. It was decided that the number of votes allowed 
to each country in the deliberations of the Bureau should be 
determined by the importance of the country in the socialist 
movement. By 1910 this organization had held twelve meetings, 
in which international labor legislation was one of a score or 
more of the topics considered. The World War caused the seat 

2 See p. 27. 

xvii 



THE INTERNATIONAL PROTECTION OF LABOR 

of the International Socialist Bureau to be transferred from 
Brussels to The Hague for the duration of the war. 

The Socialist Interparliamentary Commission was established 
in 1904, and its purpose was to enable the parliamentary rep- 
resentatives of socialists in different countries to co-operate for 
the realization of the aims of sociaHsm. Each nation represented 
in the International Socialist Bureau was permitted to have one 
representative in the Interparliamentary Commission and to cast 
the number of votes warranted by its importance. Before the 
end of 1910 this Commission had held five conferences. 

Socialist women have convened international conferences from 
time to time, for example at Stuttgart in 1907, and at Copen- 
hagen in 1910. Moreover the Young Socialists organized in- 
ternationally and in 1910 affiliated with the International Socialist 
Bureau. 

After the outbreak of the war," the socialists of neutral coun- 
tries met in Copenhagen in 1915 to denounce the war and to 
discuss means of obtaining peace. Socialists of the Central 
Powers met at Vienna in the same year for a similar purpose. 
Socialist and labor conferences were held by socialists represent- 
ing the Allies at London in 1915, 1917, and 1918. Peace terms 
were discussed, and in 1918, the Congress went on record as 
favoring the establishment of a league of nations, the abolition 
of secret diplomacy and imperialism, and the reduction of arma- 
ments. It also discussed international means of combatting un- 
employment. 

The first war-time international conference of socialists repre- 
senting both sides in the war was held at Zimmerwald, Switzer- 
land, in 1915, with representatives present from France, Italy. 
Bulgaria, Holland, Roumania, Poland, Sweden, Norway, Den- 
mark, and Germany. The second international meeting was held 
at Kienthal, Switzerland, in 1916. Italy, Sweden, Russia and 
Germany were represented. These conferences were principally 
concerned with the action to be taken by the working classes in 
behalf of peace. The manifesto of the Kienthal Congress, con- 

3 For wartime conferences compare Ayusawa, International Labor Legis- 
lation, Chapter IV. 

xviii 



INTRODUCTION 

taining the signatures of Lenin of Russia, Bouderon of France, 
and Ledebour of Germany, called for revolution and refusal to 
support the war. The strength of the left wing or antiparliamen- 
tary socialists was increasing. The radicalism of this group led 
to the establishment of a rival International at Moscow in 1919, 
known as the Third International. 

A war-time international socialist conference occurred at 
Stockholm in 1917. Delegates arrived from France, Belgium and 
Germany, but the intervention of the Allies resulted in the hold- 
ing of an informal meeting only, under the chairmanship of 
B ranting, the leader of the Swedish party. Another international 
assemblage of socialists was held at Stockholm in the Fall of 
the same year. 

After the signing of the armistice an important international 
meeting of socialists was convened at Bern in February, 1919. 
Twenty-five countries were represented including Germany Aus- 
tria, Holland, Great Britain, France, Canada, and Argentina. A 
league of nations and the labor section of the Peace Treaty were 
prominent among the topics which were considered. The assem- 
bly favored a league of nations representing not only govern- 
ments but peoples, the international control of oceans and high- 
ways of transportation, a world system for the distribution of 
raw materials and food, and gradual disarmament. The various 
measures advocated as proper subjects for protective labor laws 
included the establishment of employment bureaus and systems 
of social insurance; the adoption of the eight-hour day for adults, 
and the six-hour day for children between sixteen and eighteen 
years of age; the prohibition of night-work of women; the recog- 
nition of the necessity of weekly rest of thirty-six consecutive 
hours, and the institution of compulsory elementary education 
and free higher education. A commission was appointed for 
the restoration of the Second International. 

This commission convoked conferences at Amsterdam in April, 
1919, and at Lucerne in August, 1919. To the latter meeting 
delegates came from Belgium, Great Britain, France, Holland, 
and Germany. The minority group of the Russian socialists 
was also represented. The questions discussed were largely 
political. 



THE INTERNATIONAL PROTECTION OF LABOR 

Representatives of the discontented antiparliamentary social- 
ists, called the socialist left wing, assembled at Moscow in March, 
1919, on the invitation of the Russian communist party. Among 
the countries from which accredited delegates came to the 
gathering of this Communist or Third International were Rou- 
mania, Germany, Ukrania, Finland, Bulgaria, Norway, Sweden, 
Hungary and Armenia. There were other socialists present from 
the United States, Turkey, Jugo-Slavia, Persia, Korea, France, 
Switzerland, Holland, Bohemia, Great Britain, Serbia, Spain, 
and Denmark. This group called for the forcible overthrow of 
the capitalistic regime. Its manifesto was signed by Lenin, Trot- 
zky, Zinovieo, Tchicherin and Fritz Plattan, and represents the 
form of socialism that secured the domination of Soviet Russia. 
The next meeting of the Third International was held at Moscow 
in July, 1920. 

In the same month the Second International called a meeting 
at Geneva (July 31). The important parties left in the Second 
International were the Majority Social Democratic Party of Ger- 
many, the British Labor Party, the Belgian Labor Party, the 
Social Democratic Labor Party of Holland, the Austrian Social 
Democratic Party, the Majority Socialist Parties of Sweden 
and Denmark, the Polish Socialist Party, and the Finnish Social 
Democratic Party. The Geneva Congress voted to transfer the 
International Bureau from Brussels to London. 

In 1919 French Socialist students issued a manifesto that 
caused the creation of the Comite Internationale des Etudiants 
Socialistes, with its headquarters in Geneva. In December of 
that year this body called an international meeting at Geneva to 
create an International Federation of Socialist and Communist 
Students. Sharp divergence of opinion, however, caused the 
formation of two separate bodies, the "Communist International 
Students' Federation," which affiliated with the Third Interna- 
tional, and the "Independent Students' International," the aim of 
which was to unite all socialist and communist students for the 
peaceful realization of the principles of socialism. 

The international socialist movement in the Western Hemi- 
sphere has also been growing. In 1919 a Pan-American Socialist 

XX 



INTRODUCTION 

Congress was held at Buenos Aires with representatives from 
Argentina, Bolivia, Chile, Peru, Paraguay, and Uruguay. This 
group sympathized with the radical left-wing socialists of Europe; 
it represented a step toward greater unity among socialist groups 
of South America. The demands of the Congress of Buenos 
Aires included a forty- four hour week; the compulsory educa- 
tion of children under sixteen years of age; the prohibition of 
child labor; a minimum wage and the abolition of the trucking 
system ; the establishment of labor exchanges, etc. It caused the 
establishment of the American Labor and Socialist Secretariat 
at Buenos Aires. 



International Trade-Union Movement 

The International Workingmen's Association originated as a 
trade-union organization but became the Socialist International. 
After the disappearance of the First International, the trade- 
union element can be distinguished from the socialist element in 
the international congresses which, as has been mentioned above, 
were held at Paris in 1883 and 1886, and at London in 1888. 
Demands for international factory legislation were made at both 
of the Paris conferences. In 1897 the executive committee of 
the Swiss Workers' League called the Congress of Zurich the pur- 
pose of which was to promote labor legislation. This meeting 
urged the Swiss Federal Council to bring about the establish- 
ment of an international labor office. An international meeting 
of trade-unionists was held at Paris in 1900. The creation of 
an international secretariat was discussed and a resolution favor- 
ing the curtailment of the hours of labor was unanimously 
adopted. 

After approximately the year 1900, the international trade- 
union movement became more clearly distinguished from the in- 
ternational socialist movement with which originally it had been 
incorporated. Delegates at labor congresses are often party 
socialists and trade-unionists at the same time. In many instances 
the leaders have been the same in both groups, and trade-unions 
— even non-socialist unions — ^have been represented at socialist 

xxi 



THE INTERNATIONAL PROTECTION OF LABOR 

congresses. This co-operation between trade-unionists and so- 
cialists was emphatically endorsed at the socialist Congress of 
Stuttgart in 1907. 

Since 1900 and up to the time of the war, the principal activi- 
ties of international trade-unions were confined mostly to purely 
trade-union affairs. They have sought through international fed- 
eration to unify their standards. Unionism is organized inter- 
nationally in two forms, viz.., by trades and by federations. 

International Trades Secretariats. — The single trades or crafts 
of different countries are united under international trades secre- 
tariats, as the offices of the international secretaries are called. 
Among the most prominent of these international craft organi- 
zations may be mentioned the International Federation of Miners 
(see p. 46) which was organized in 1890; the International 
Federation of Transport Workers, the origin of which may be 
traced back to an international gathering of railroad workers at 
Zurich in 1893 ; and the International Federation of Metal Work- 
ers organized in 1900. Before the war thirty-two crafts had 
such international organizations. Their secretaries held a joint 
meeting in Zurich for the first time, in 1913. The purpose was 
to promote greater unity in the trade-union movement and more 
co-operation between the international trades secretariats and 
the International Secretariat. 

International Secretariat. — The second form of international 
trade-union organization is the International Federation of Trade 
Unions, of which the central office known as the International 
Secretariat, was permanently organized in 1901. Until 1913 it 
was known as the International Secretariat of the National Trade- 
Union Centers. The International Federation of Trade Unions 
represents: (1) the national federations of various countries, as 
for example, the American Federation of Labor which is made 
up of different trade organizations, (2) the federations of single 
trades, such as the International Federation of Textile Workers. 
The International Federation has held congresses at Copenhagen 
(1901), Suttgart (1902), Dublin (1903), Amsterdam (1905), 
Christiania (1907), Paris (1909), Budapest (1911), and Zurich 
(1913). Its first conference after the war was held at Amster- 

xxii 



INTRODUCTION 

dam in August, 1919. At this meeting the old organization was 
aboHshed and a new International Federation of Trade Unions 
was formed with its International Secretariat located at Amster- 
dam. This assembly was dissatisfied with the labor clauses of 
the Peace Treaty as not providing adequate means for the pro- 
tection of labor's interests, but it nevertheless decided to support 
the International Labor Organization of the League of Nations 
because it believed that this Organization might ultimately become 
the basis of a league representing peoples* as well as govern- 
ments. 

While the international unions of various trades have been 
primarily interested in problems peculiar to each trade, the inter- 
national union of federations has sought for greater unity and 
solidarity in the trade-union movement as a whole- The tendency 
of officials of the International Federation in 1920 to favor so- 
cialistic propaganda prejudiced American workers against it. The 
Executive Council of the American Federation of Labor at its 
session in November, 1920, decided to postpone the considera- 
tion of the affiliation of the American Federation of Labor with 
the International Federation of Trade Unions until the next 
meeting of the Council. 

International Labor Conferences. — A proposal of the Ameri- 
can Federation of Labor, made in 1914 after the commencement 
of the war, to hold an international labor conference at the same 
time and place as that at which the peace conference would be 
held, attracted considerable attention and was endorsed by the 
Canadian Trades Union Congress and the French Confederation 
General du Travail. The proposal was considered by the Allied 
Supreme Council and resulted in the appointment of a commis- 
sion of representative labor leaders of Great Britain, France, 
Italy and Belgium to make arrangements for an international 
labor conference. The conference was held at Leeds in July, 
1916. This meeting declared that the peace terms should in- 

*For a discussion of the representation of peoples as well as govern- 
ments in international organizations for the maintenance of peace, see 
pamphlet by Lowe entitled Why International Peace Failed in the Past 
and Why it May Fail in the Ftiture, a reprint from the New York Sun 
of Februarv 9th. 1919. 



THE INTERNATIONAL PROTECTION Oh LABOR 

elude measures for the adequate protection of labor and urged 
the creation of an international commission to supervise legis- 
lation on labor immigration, safety, hours of work, and social 
insurance. It also emphasized the importance of an international 
labor office and recommended that the American Association for 
Labor Legislation be made the medium for the execution of its 
proposals. 

The Swiss Federation of Labor convoked a conference at 
Bern, October 1, 1917, representing labor organizations of Den- 
mark, Bulgaria, Bohemia, Hungary, Austria, Germany, Norway, 
Sweden, the Netherlands, and Switzerland. It demanded the 
enforcement of labor laws and proposed that the International 
Association for Labor Legislation be recognized in the Peace 
Treaty as the agency for the promotion and enforcement of labor 
legislation, and also that representation in the International Labor 
Office be given to the International Federation of Trade Unions. 

The international labor movement in America is no longer con- 
fined to the United States and Canada. In November, 1911, a 
Central American Labor Congress was held in San Salvador. 
In November, 1918, the American Federation of Labor and 
Mexican labor unions convened at Laredo, Texas, the first Pan- 
American Labor Conference with representatives from the United 
States, Mexico, Columbia, Guatemala, Costa Rica, and Salvador. 
The purpose of the Pan-American Federation of Labor was de- 
clared to include the "establishment of better conditions for the 
working people who emigrate from one country to another" and 
the utilization of "every lawful and honorable means for the 
purpose of cultivating the most favorable and friendly relation- 
ship between the labor movements and the peoples of the Pan- 
American Republics." Another meeting was held in Mexico City 
during the week of January 10, 1921, and Mr. Samuel Gompers 
was re-elected president of the Pan-American Federation of 
Labor. 

The American Federation of Labor at its convention in Atlantic 
City on June 20, 1919, endorsed almost unanimously the Covenant 
of the League of Nations and the labor clauses of the Peace 
Treaty after a long and earnest debate- 

XXIV 



INTRODUCTION 

The first International Congress of Working Women was 
called by the National Women's Trade Union League of Amer- 
ica at Washington, October 28 — November 6, 1919. This con- 
ference passed resolutions concerning each item of the agenda 
of the Washington Labor Conference of the League of Nations 
and submitted recommendations to the Washington Conference 
concerning the amendment of Article 389 of the Peace Treaty 
with respect to the representation accorded to countries in the 
General Conference of the International Labor Organization of 
the League. The proposed amendment required that each nation 
represented in the General Conference should appoint "two dele- 
gates representing the government, one of whom shall be a 
woman ; two delegates representing labor, one of whom shall be 
a woman ; and two delegates representing the employers." 



International Activities of Social Reformers, and of Private 

and Semipuhlic Associations. 

Efforts of Individuals, — Many persons in the capacity of social 
reformers or private citizens have exerted a great influence upon 
the movement for international labor legislation. Its pioneer ad- 
vocate, Robert Owen (1771-1858) belonged to this class as did 
his contemporaries, Daniel Legrand (1783-1859) and Jerome 
Blanqui (1798-1854). Names of men connected with the 
early history of the movement are Villerme, Hahn, Audiganne, 
Braber, Bluntschli, Wagner, Brentano, Wolowski, Dumas, 
Schoenberg, Thiersch, Adler, Albert de Mun, Vaillant and others. 
Through the efforts of many of these men* the principle of in- 
ternational labor legislation was pressed upon the attention of 
governments. 

Congresses Called upon the Initiative of Private Persons. — In 

1897 a meeting was called at Brussels by persons interested in 

♦Audiganne in 1856 published a book advocating laws for the inter- 
national regulation of industry, Schoenberg in 1871 took up the dis- 
cussion of international labor legislation in his Arheitsamter. Thiersch, 
a theologian, petitioned the German Emeror to convoke an international 
labor conference. The work of the other men is discussed in connection 
with events mentioned in following chapters or footnotes. Cf. Ayusawa, 
International Labor Legislation, pp. 25-29. 

XXV 



THE INTERNATIONAL PROTECTION OF LABOR 

the international labor movement (see p. 248). Although some 
men who had been delegates at the official Berlin Conference of 
1890 were present, the Congress of Brussels had no official 
status. Its secretary was Professor Ernest Mahaim of the Uni- 
versity of Liege, Belgium, who became one of the foremost 
leaders of the movement. As a result of this meeting, com- 
mittees were formed to consider means of bringing about the 
establishment of an international labor office. The organization 
of an international labor office had been proposed to the Swiss 
Federal Council in 1889 and had been considered by the Berlin 
Conference of 1890, by the Congress of Zurich of 1897, and by 
other labor conferences. Moreover the Swiss Government had 
undertaken in 1896 to ascertain the attitude of several European 
countries toward the project with the result that two powers re- 
sponded favorably, two thought the time inopportune, while the 
others were either opposed or undecided. 

The work of the committees mentioned above led to the calling 
of a meeting under the direction of Professors Cauwes and Jay 
at the time of the Paris Exposition in 1900. It was at this Inter- 
national Labor Congress of Paris that the International Associa- 
tion for Labor Legislation was organized including a private 
International Labor Office established in 1901 and national sec- 
tions (see pp. 249-252). 

International Association for Labor Legislation. — The duties 
of the Labor Office included studying the development of labor 
legislation, publishing the results of its studies, and receiving 
and transmitting information pertaining to the creation and en- 
forcement of international labor conventions. Each national 
section of the International Association strove for improved 
working conditions in its own country and at the same time 
supported the efforts of the Association which continued to work 
for international labor legislation as socialists, trade-unionists, 
government officials and private individuals had done before its 
formation. Under its scientific management the various efforts 
put forth in behalf of international legislation were co-ordinated 
and directed into channels that produced practical results. Gov- 
ernments were led to sign bipartite and polypartite labor treaties 

xxvi 



INTRODUCTION 

making international labor legislation no longer a mere theory 
but also a fact. Between 1900 and 1912 the Association held 
seven regular international meetings of delegates (see Exhibits 
11, 12, 14-18, pp. 252-316). 

In June 1918 the International Labor Office without the ap- 
proval of the members of the Association requested that a pro- 
gram of international labor legislation be incorporated in the 
Treaty of Peace and that the International Labor Office be made 
a part of the organization of the proposed League of Nations. 
This request was fulfilled by the Labor Covenant (Part XIII) 
of the Peace Treaty which made an official International Labor 
Office a part of the International Labor Organization of the 
League of Nations. 

The American section of the International Association is 
known as the American Association for Labor Legislation (see 
p. 323). At the annual meeting of the American Association 
in Richmond, Virginia, December 28, 1918, the following reso- 
lution was adopted with reference to international labor pro- 
tection : 

WHEREAS, Maladjustments from which wage-earners suffer, such 
as inadequate wages, excessive hours of work, unemployment, and 
industrial accident and disease, are not confined to any one country; 
and 

WHEREAS, These international evils know no frontiers, and na- 
tional action against them needs to be supplemented and fortified by 
common agreement on minimum standards of labor conditions below 
which no person should be required or permitted to work; there- 
fore, be it 

RESOLVED, That the American Association for Labor Legisla- 
tion urge that in international agreements there be incorporated 
minimum protective labor guarantees, including: 

(1) The principle of the living wage. 

(2) Three-shift system in continuous industries and one day's rest 
in seven in all occupations, 

(3) Regulation of working hours for women and young persons, 
and prohibition of night-work by them. 

(4) Prohibition of child labor. 

(5) Establishment of public employment offices and use of public 
work to prevent unemployment during the period of demobilization 
and other comparatively slack times. 

(6) Safety and sanitary devices in industry, and in transportation 
by land and water, including international use of automatic couplers 
on railroad trains, and the extension of the Seamen's Act. 

(7) Comprehensive systems of social insurance against accident, 
sickness, unemployment, old age, invalidity, and death. 

rixvii 



THE INTERNATIONAL PROTECTION OF LABOR 

(8) Provisions for collection and publication of comparable labor 
statistics through the International Association for Labor Legisla- 
tion and for the enforcement of international labor regulations through 
a League of Nations. 

There are other semi-public and private associations* which 
have labored for improvement in certain phases of industrial 
life and in many instances have co-operated with the Interna- 
tional Association for Labor Legislation. Some of these societies 
were formed long before the International Association for Labor 
Legislation. The following are cited as typical examples of 
such organizations: 

International Federation for the Observance of Sunday. — In 
1876 the International Federation for the Observance of Sunday 
was organized at the Congress of Geneva which was called by 
a committee of the Evangelical Alliance and was attended by 
over four hundred delegates from Switzerland, France, England, 
Holland, Austria-Hungary, Germany, the United States, Nor- 
way, Roumania, Spain, Belgium, and Italy. Emperor William 
I. of Germany was officially represented by one of his ambassa- 
dors. Various industrial, social, philanthropic and labor organi- 
zations sent delegates. The question of the proper observance 
of Sunday was approached mainly from the religious standpoint, 
but the importance of Sunday rest from the standpoint of the 
needs of the workers has also been recognized and emphasized 
in various international conferences, notably those of 1900 and 
1906 (see p. 54). Congresses on the observance of Sunday have 
been held at the following places: Geneva (1876) ; Bern (1879) ; 
Paris (1881) ; Brussels (1885) ; Paris (1889) ; Stuttgart (1892) ; 
Chicago (1893); Brussels (1897); Paris (1900); St. Louis 
(1904); Milan (1906); Frankfort on the Main (1907); Edin- 
burgh (1908); Geneva (1911); Oakland, California (1915). 

Permanent International Committee of Social Insurance. — 
This body was organized primarily for the technical study of the 
problems of social insurance- Its discussions have been pub- 
lished and from these much of value in the principles and prac- 
tise of social insurance has been derived (see pp. 100, 143). 

At the first International Congress on Labor Accidents held 
at Paris in 1889, a permanent committee was formed to continue 

*C/. U. S. Bulletin, opp. cit,, pp. 83-115. 

xxviii 



INTRODUCTION 

the movement for social insurance. Under the direction of this 
committee, now known as the Permanent International Com- 
mittee of Social Insurance, congresses have been held at Bern 
(1891) ; Milan (1894) ; Brussels (1897) ; Paris (1900) ; Dussel- 
dorf (1902) ; Vienna (1905) ; Rome (1908). To the Congress 
of Rome in 1908, official delegates were sent by twenty-five 
countries and nearly r400 persons attended representing Argen- 
tina, Uruguay, the United States, Australia, Austria, Belgium, 
Canada, Nicaragua, Guatemala, Holland, Hungary, Italy, Japan, 
Luxemburg, Greece, Norway, New Zealand, Portugal, Rou- 
mania, Russia, Serbia, Spain, Sweden, Switerland, China, Den- 
mark, Finland, France, Germany and Great Britain. It was de- 
cided at the Congress of Rome to hold the general congresses at 
longer intervals and to organize national committees to meet 
more frequently for the purpose of discussing special topics. 
Under this plan committee conferences were held at The Hague 
in 1910 and at Dresden in 1911, and a meeting of members of 
the Permanent International Committee and the national com- 
mittees, together with other specialists, was held at Zurich in 
1912. 

International Congress on Occupational Diseases. — The first 
International Congress on Occupational Diseases was held at 
Milan in June, 1906. On this occasion an association was formed 
under the name of Permanent International Commission for the 
Study of Occupational Diseases. 

The purpose of the organization was* "to hold international 
and national congresses for the study of occupational diseases; 
to study and assemble material on industrial and social hygiene ; 
to institute at Milan a bibliographical service for the use of all 
interested in the study of occupational diseases; to publish a 
bibliographical magazine in French; to call the attention of 
authorities to the results of researches in industrial hygiene ; and 
to make recommendations to learned societies thereon; and to 
bring to the public attention of governments, universities, hos- 
pitals, etc., the efforts being made in this connection." This 
organization has formed national committees in various countries 

"^Ihid., p. 109. 



THE INTERNATIONAL PROTECTION OF LABOR 

including Switzerland, Holland, Austria, Hungary, France, the 
United States, Bulgaria, Canada, Spain, Great Britain, Greece 
and Italy. Italian physicians and scientists have been the leaders 
in this organization. Its headquarters were located at Milan, 
Italy. The second international meeting was held at Brussels 
in 1910. 

hiternational Association on Unemployment. — The Italian So- 
ciety, Umanitaria, held the first International Congress on Unem- 
ployment at Milan in 1906 (see p. 53). 

In 1910 an International Association on Unemployment was 
organized at Paris. The headquarters of the Association were 
located at Ghent. The aim of the organization was to bring 
about the adoption of the measures most effective in preventing 
unemployment. For this purpose, it adopted the following 
methods:** "(1) The organization of a permanent national office 
to centralize, classify, and hold at the disposition of those in- 
terested the documents relating to the various aspects of the 
struggle against unemployment in different countries; (2) the 
organization of periodical international meetings, either public 
or private; (3) the organization of special studies on certain 
aspects of the problem of unemployment and the answering of 
inquiries on these matters; (4) the pubHcation of essays and of 
a journal on unemployment; (5) negotiations with private insti- 
tutions or the public authorities of each country with the object 
of advancing legislation on unemployment and obtaining com- 
parable statistics and possibly agreements or treaties concerning 
matters of unemployment." 

National sections of the International Association on Unem- 
ployment were organized in sixteen countries before the end of 
1913 (see p. 322). The International Committee of the Associa- 
tion held meetings at Ghent in 1911 and at Zurich in 1912. The 
first general assembly of the Association was convened at Ghent 
in 1913. 

International Home Work Organization. — The permanent 
bureau of the International Congress of Home Work was created 
in 1910 by the Brussels Congress on Home Work. Resolutions 

"^nhid., pp. Ill, 112. 



INTRODUCTION 

were passed calling for* ''compulsory registration by contractors 
or subcontractors of all home workers, with the books relating 
to wages and description of work open at all times to the labor 
inspectors ; establishment by joint committees for a limited period 
of time, of a minimum wage applicable to all average workers, 
the decisions of these committees to be enforced by a superior 
council; establishment of a standard of healthfulness in the dif- 
ferent trades in order to determine the industries which should 
be either regulated or suppressed; prohibition of work of child- 
ren under fourteen years of age and instruction of children up 
to this age." The permanent bureau was located at Brussels 
and it convened the second International Congress on Home 
Work at Zurich in 1912. The countries sending official delegates 
were: Portugal, Norway, Holland, Luxemburg, Japan, Italy, 
Hungary, Belgium, Chile, Denmark, France, Saxony, Sweden, 
the United States, Roumania, and Russia. The Congress divided 
into four sections each of which prepared resolutions on special 
topics assigned to it. The resolutions contained a "proposed act 
to regulate paid home work" for legislative adoption by the dif- 
fere'nt countries. This act prescribed the conditions under which 
home workers should be registered by the employers and the 
regulations necessary for the protection of the home worker and 
the ultimate consumer of his product. The resolutions provided 
for protection from industrial poisoning; the prohibition of the 
manufacture of foodstuffs and tobacco by home workers; the 
compulsory notification of contagious diseases, and the pre- 
cautions to be taken where such occur in home work shops, and 
a special system of inspection for home work. Also provision 
was made for fixing wage rates through special wage boards or 
through existing industrial councils. 

The Congress urged that support be given to the trade-union 
movement among home workers and advised co-operation with 
consumers' leagues in "spreading the principles adopted by the 
Congress." 

Growth of Internationalism, 1890-1900. — The period from 1890 
to 1900 was one of extraordinary activity in the development of 
international organizations relating to all sorts of movements, 

*/5tU, p. 114. 



THE INTERNATIONAL PROTECTION OF LABOR 

of which the international labor movement was but one. As 
examples of international movements, some of which were or- 
ganized previous to 1890 and all of which held meetings prior 
to 1900, may be mentioned the International Congress of Hygiene 
and Demography; the International Prison Commission; the 
Universal Postal Union ; the International Co-operative Alliance ; 
the International Railway Conference; the International Actua- 
rial Conference; and the International Congress of Women. In 
Paris in 1900 during the World's Fair occurred an International 
Socialist Congress; the formation of the International Association 
for Labor Legislation ; the International Congress for the Teach- 
ing of the Social Sciences; the International Congress of Orni- 
thology; the International Congress of Navigation; the Inter- 
national Congress on Work or Assistance in Time of War; the 
International Co-operative Alliance; the International Congress 
of Aboriculture ; the International Society of Physicists; the In- 
ternational Railway Congress; the International Actuarial Con- 
gress ; the International Congress of Comparative Legislation ; the 
International Congress on Chronometry; the International Con- 
gress on Private International Law ; and many other international 
assemblages. 

Intergovernmental Action Respecting Labor 

The first official move for the realization of international labor 
legislation was made in 1855 by the Swiss Canton of Glarus which 
sent a communication to the Council of Zurich suggesting the 
international control of certain labor conditions. In 1876 the 
subject of international labor legislation was discussed by Colonel 
Frey before the Swiss Parliament and in 1880 he made a motion 
before the National Council directing the Federal Council to enter 
into negotiations with other countries with a view to establishing 
international factory laws. In 1881 the motion was favorably 
considered by the National Council and the Federal Council began 
soon after to ascertain the attitude of several other governments 
toward the project (see p. 19). The replies were not sufficiently 
encouraging to cause Switzerland to take any further action in 
the matter at that time. In 1887 and 1888 (see pp. 240-243) 



INTRODUCTION 

the Federal Council made another attempt to interest other 
countries and upon receiving a more favorable response than in 
1881, it proceeded to prepare for an official international labor 
congress to be held at Bern. The congress was cancelled, how- 
ever, to give place to the Conference of Berlin (1890) which 
was called by the German Government. 

In 1884 Count Albert de Mun discussed international labor 
legislation before the French National Assembly and in the next 
year leading French deputies including Proudhon, Camelinat, 
Boyer, Hugues, Basley, and Gilly responded by placing before 
the committee of the Chamber of Deputies a bill (see p. 239) 
relating to international labor law and favoring the action of the 
Swiss Government. 

In 1871 Bismarck proposed to a representative of Austria that 
agreements fixing certain standards of social legislation be con- 
cluded between Germany and Austria. This proposed course of 
action was considered a few years later at a conference, but no 
such agreements between the countries were reached. 

In 1885 Baron von Hertling championed the cause of inter- 
national labor legislation in the Reichstag, but Bismarck was 
wholly opposed to the movement as being impracticable. In 1886 
the Social Democratic Party proposed that the Reichstag adopt 
a resolution (see p. 240) calling upon the Chancellor of the Em- 
pire to convoke an international conference to formulate an 
international labor agreement. In 1889 labor disturbances threat- 
ened Germany, and the Imperial Government, as mentioned 
above, convened the first official international labor Conference 
at Berlin in 1890- 

Conference of Berlin, 1890. — International labor legislation 
was discussed and resolutions (see pp. 244-248) were adopted by 
the delegates of the governments represented. This Conference 
did not have any direct practical results. It increased the general 
interest in the movement, however, and had an indirect influence 
in the formation of the International Association for Labor Leg- 
islation in 1900. Between 1890 and 1905 various unofficial labor 
congresses were held before the next strictly official labor con- 
ference was convened. 



THE INTERNATIONAL PROTECTION OF LABOR 

Conferences of Bern, 1905 and 1906.* — As a direct result of 
the efforts of the International Association for Labor Legislation, 
an official Conference was called by Switzerland at Bern in 1905. 
It drew up draft copies (see pp. 174, 175) of international labor 
conventions which were amended and approved by the second 
official Conference of Bern in 1906. When ratified by the various 
countries, these two conventions (see pp. 175-180) concerning 
respectively the prohibition of the use of white phosphorus in 
the manufacture of matches and the prohibition of night-work 
for women in industrial employment became the first two poly- 
partite labor treaties ever adopted. Some bipartite labor treaties 
had been adopted previous to this. Thus The Movement for 
International Labor Legislation (see Part I of this book) resulted 
in the creation of International Labor Legislation (see Part II). 
The United States was not a signatory to either of the Con- 
ventions. 

In 1906 Great Britain attempted to bring about the formation 
of a permanent commission to gather information and in a gen- 
eral way to superintend the enforcement of international labor 
laws as well as to investigate matters in dispute (see pp. 118, 
119, 122, 316-318). Although the British proposal was not 
adopted, it forms the basis in the history of international labor 
legislation for the labor clauses of the Peace Treaty which confer 
upon the International Labor Organization means for securing 
the enforcement of international labor conventions. 

Conference of Bern, 1913. — The International Association for 
Labor Legislation prepared a program to serve as a guide in the 
creation of two more draft conventions for international adop- 
tion and the Swiss Government again took the initiative in calling 
an official conference. The delegates met at Bern in 1913 and, 
taking the program proposed by the Association as a basis, drew 
up and adopted two draft conventions concerning respectively 
the prohibition of night-work for young persons employed in 
industrial occupations and the limitation of day-work for women 
and young persons employed in such occupations (see pp. 318- 
321). A diplomatic conference for the official adoption of these 
conventions was scheduled for Sept. 3, 1914, but because of the 

*See Part II, Chapter I, entitled "Conventions Signed at Bern." 



INTRODUCTION 

World War the conference was not held and no formal treaties 
resulted. 

Bipartite Labor Treaties. — The International Association for 
Labor Legislation exerted an important influence in bringing 
about the formation of bipartite labor treaties. The question of 
a protective labor treaty between France and Italy was discussed 
by delegates from the two countries at the Second Delegates' 
Meeting at Cologne in 1902; and in 1904 the first bipartite labor 
treaty, drawn up by the French statesman, Arthur Fontaine, in 
conjunction with the Italian statesman, Luzatti, was ratified by 
their governments. This Treaty dealt with insurance and pro- 
tection of foreign workers and with national laws regulating 
the conditions of labor. It was the first instance in which the 
movement for international labor legislation resulted in the actual 
adoption of a labor treaty as the Bern Conventions were not 
drafted and formally ratified until later. It should be noted that 
polypartite treaties such as the Bern Conventions make for 
greater uniformity of labor standards and are more difficult to 
create than bipartite treaties. 

Agreements concerning the migration or recruitment of alien 
labor were entered into between Great Britain and France under 
date of October 20, 1906; between Transvaal and Portuguese 
Mozambique under date of April 1, 1909; between the United 
States and Japan under date of April 5, 1911 ; and between Spain 
and the Republic of Liberia under date of May 22/June 12, 1914. 

By far the largest number of bipartite labor treaties concerned 
the equality of treatment of alien and native workmen with re- 
spect to the labor laws of the country giving employment. 
Several such treaties were savings bank agreements which per- 
mitted the transfer of deposits from the savings banks of one 
country to those of the other country without charge. Other 
treaties dealt with social insurance and accident insurance, mak- 
ing applicable to resident aHen workers the laws of the country 
of employment, or granting to non-resident dependents of alien 
workers the benefits of the laws of the country of employment- 
Social insurance agreements and accident insurance agreements 
were adopted by the following countries (see Part II, Chapter 
II, entitled "Protective Labor Treaties") : 

XXXV 



THE INTERNATIONAL PROTECTION OF LABOR 

France and Italy, April 15, 1904 (for text of Treaty see pp. 180-184). 

Switzerland and Italy, July 13, 1904 (p. 194). 

Germany and Italy, December 3, 1904 (p. 195). 

Germany and Austria-Hungary, January 19, 1905 (p. 195). 

Luxemburg and Belgium, April 15, 1905 (pp. 195-197). 

Germany and Luxemburg, September 2, 1905 (pp. 197-200). 

France and Belgium, February 21, 1906 and March 12. 1910 (pp. 200- 

202). 
Luxemburg and Belgium, May 22, 1906 (p. 197). 
France and Italy, June 9, 1906 (pp. 184-188). 
France and Luxemburg, June 27, 1906 (pp. 203, 204). 
Germany and the Netherlands, August 27, 1907 and May 30, 1914 

(pp. 205-208). 
France and the United Kingdom, July 3, 1909 (pp. 208-210). 
Hungary and Italy, September 19, 1909 (pp. 210-214). 
France and Italy, August 9, 1910 (p. 156). 
Germany and Sweden, May 2, 1911 (p. 215). 
Germany and Belgium, July 6, 1912 (pp. 217-221). 
Germany and Italy, July 31, 1912 (pp. 221-227). 
Germany and Spain, November 30th, 1912/Feb. 12, 1913 (p. 227). 
Italy and the United States, February 25, 1913 (p. 228). 
France and Switzerland, October 13, 1913 (p. 229). 

A Treaty between France and Italy, June 10, 1910 (pp. 189- 
194), provided for reciprocal protection of children with respect 
to the labor and educational laws of each country, and a- Treaty 
between France and Denmark, Au.f^ust 9, 1911 (pp. 215-217) sub- 
jected to arbitration disputes relating to their labor laws. 

A convention was concluded at Paris, August 9, 1917, between 
France and the Republic of San Marino in order to insure to 
workers of the two countries compensation for injuries result- 
ing from industrial accidents. An agreement was drawn up be- 
tween Norway, Denmark and Sweden, February 12, 1919, 
respecting reciprocity in the matter of accident insurance. On 
September, 30, 1919, France and Italy signed a new labor Treaty* 
which provided that the workers of either country, when em- 
ployed in the other, should receive the same treatment as nationals 
with respect to labor conditions and social insurance benefits. 
The Treaty specified such reciprocity with reference to wages 
and working and living conditions, stabilization of labor markets, 
social insurance, acquisition of land, charitable aid, arbitration 
boards and labor laws, protection of children and adults, workers' 
taxes, and seamen and fishermen. 

*For the text of the Treaty, see the "Monthly Labor Review," 
(United States Bureau of Labor Statistics), Feb. 1920, pp. 47-53. 

xxxvi 



INTRODUCTION 

International Labor OrgarAzation of the League of Nations. — 
On January 18, 1919, the Peace Conference formally opened, 
and at its second plenary session a commission was created to 
study international labor legislation. Samuel Gompers was the 
president of this Commission which submitted its report to the 
Peace Conference dated March 24, 1919. This report recom- 
mended the inclusion in the Peace Treaty of labor clauses cre- 
ating an International Labor Organization in conjunction with 
the League of Nations (see p. 101 et seq.). This recommenda- 
tion was adopted and the labor clauses (see p. 401 et seq.) 
constitute what is popularly termed the ''Labor Charter" (Part 
XIII of the Peace Treaty). 

Every member of the League of Nations subscribed to the 
following nine fundamental principles : 

FIRST. — The guiding principle above enunciated that labor should 
not be regarded merely as a commodity or article of commerce. 

SECOND. — The right of association for all lawful purposes by the 
employed as well as by the employers. 

THIRD. — The payment to the employed of a wage adequate to 
maintain a reasonable standard of life as this is understood in their 
time and country. 

FOURTH. — The adoption of an eight-hours day or a forty-eight 
hours week as the standard to be aimed at where it has not already 
been attained. 

FIFTH. — The adoption of a weekly rest of at least twenty-four 
hours, which should include Sunday wherever practicable. 

SIXTH. — The abolition of child labor and the imposition of such 
limitations on the labor of young persons as shall permit the con- 
tinuation of their education and assure their proper physical develop- 
ment, 

SEVENTH. — The principle that men and women should receive 
equal remuneration for work of equal value. 

EIGHTH. — The standard set by law In each country with respect 
to the conditions of labor should have due regard to the equitable 
economic treatment of all workers lawfully resident therein. 

NINTH. — Each State should make provision for a system of in- 
spection in which women should take part, in order to ensure the 
enforcement of the laws and regulations for the protection of the 
employed. 

Without claiming that these methods and principles are either com- 
plete or final, the High Contracting Parties are of opinion that they 
are well fitted to guide the policy of the League of Nations; and that 
if adopted by the industrial communities who are members of the 
League, and safeguarded In practice by an adequate system of such 
inspection, they will confer lasting benefits upon the wage-earners of 
the world. 



THE INTERNATIONAL PROTECTION OF LABOR 

First International Labor Conference of the Labor Organiza- 
tion of the League of Nations, Washington, D. C, October 29- 
November 29, 1919. — On August 11, 1919, President Wilson 
cabled an official invitation to thirty- four countries to send repre- 
sentatives to the first official labor conference of the League of 
Nations. The United States was not represented by official 
delegates at this meeting and cast no votes as it had not signed 
the Peace Treaty nor become a member of the League of Na- 
tions. The Conference invited employers and workers of the 
United States to send delegates. Employers did not respond to 
the invitation. Mr. Samuel Gompers was appointed to repre- 
sent the workers. Hon. William B. Wilson, Secretary of Labor 
of the United States, was made president of the Conference. The 
countries represented by delegates were: Argentina, Belgium, 
Bolivia, Brazil, Canada, Chile, Czechoslovakia, China, Cuba, 
Columbia, Denmark, Ecuador, Finland, France, Great Britain, 
Greece, Guatemala, India, Italy, Japan, Holland, Nicaragua, Nor- 
way, Paraguay, Persia, Peru, Poland, Portugal, Roumania, Sal- 
vador, Siam, Serbs-Croats-Slovenes, South Africa, Spain, 
Sweden, Switzerland, Haiti, Panama, Uruguay, and Venezuela. 

The Washington Conference adopted six draft conventions for 
ratification by members of the League of Nations and six recom- 
mendations.''' 

The first draft convention "limiting the hours of work in in- 
dustrial undertakings to eight in the day and forty-eight in the 
week" applied to persons "employed in any public or private 
industrial undertaking, or in any branch thereof, other than an 
undertaking in which only members of the same family are em- 
ployed." By its provisions the eight-hour limit could be exceeded 
on some days by not more than one hour, if there occurred a 
corresponding decrease in the number of hours required on other 
days, thus making possible a forty-eight-hour week with a Sat- 
urday half-holiday. For persons employed in shifts the day 
might be extended beyond eight hours provided the average num- 
ber of hours over a period of three weeks did not exceed forty- 
eight hours per week. Exceptions were allowed for accidents, 

*For copies of the draft conventions and recommendations, see the 
Supplement (p. 400). 

xxxviii 



INTRODUCTION 

emergencies, or force majeure, in so far as necessary to avoid 
serious interference with the ordinary work of the undertaking. 
A special exception also was allowed in continuous industries 
provided that the working hours did not exceed fifty-six hours 
in the week on the average. Other exceptions were allowed so 
as to make the convention sufficiently elastic for application to 
the various industries of the different countries. It furthermore 
required each employer to post notices stating the conditions of 
employment in his industry. Each signatory agreed to apply the 
convention to its colonies, protectorates, and possessions, with 
necessary exceptions. Ratifications were to be registered with 
the Secretary General of the League of Nations and the latest 
date fixed for the convention's going into effect was July 1, 1921. 
The agreement permitted denunciation after the expiration of ten 
years. 

Special exception and delays in the adoption of the convention 
were allowed for special countries, the industries of which 
were so undeveloped as not to permit its application on equal 
terms with other members of the League. These special coun- 
tries were: Japan, India, China, Persia, Siam, Greece, and 
Roumania. 

The second draft convention concerned unemployment and re- 
quired that each signatory should communicate to the Interna- 
tional Labor Office, as often as once every three months, all 
available information concerning unemployment and the meas- 
ures contemplated for combatting it. Another provision stated 
that "each member which ratifies this convention shall establish 
a system of free employment agencies under the control of a 
central authority/' co-ordinated with the International Labor 
Office, while a third Article provided for an agreement upon 
terms whereby subjects of one of the contracting parties work- 
ing in the territory of the other could be admitted equally with 
citizens of the State to the benefits of unemployment insurance. 
The date fixed as final for bringing the convention into effect 
was July 1, 1921. 

Besides the draft convention a recommendation concerning un- 
employment was adopted to the effect that the establishment of 
private employment agencies charging fees should be prohibited, 

xxxix 



THE INTERNATIONAL PROTECTION OF LABOR 

and that those already established should be required to obtain 
government licenses and should be abolished as soon as possible ; 
that the recruitment of bodies of laborers in one country with a 
view to their employment in another country should be permitted 
only by mutual agreement between the countries; that each 
member of the International Labor Organization should establish 
an effective system of unemployment insurance; and that each 
member should reserve as much pubhc work as practicable for 
periods of unemployment. 

The second recommendation advised each member reciprocally 
to grant to alien workers the benefits of protective labor laws 
and the right of lawful organization as enjoyed by its own 
workers. 

The draft convention concerning the employment of women 
before and after childbirth was the first polypartite labor con- 
vention proposed to apply to commercial undertakings as well 
as to industrial undertakings. According to its provisions a 
woman should not be allowed to work within six weeks follow- 
ing her confinement and she should be privileged to leave work 
six weeks before confinement, and to receive adequate benefits 
during these periods together with proper protection against any 
unjust dismissal by her employer. Moreover, half an hour twice 
each day during working hours must be allowed such women for 
the purpose of nursing their children. 

The draft convention concerning the employment of women 
during the night was adopted to supersede the Bern Convention 
of 1906; but in reality it constituted an extension of that Con- 
vention providing a rest period of at least eleven consecutive 
hours including the interval between ten o'clock in the evening 
and five o'clock in the morning. The main provisions of the 
Bern Convention remained unaltered (see Chapter I of Part II). 
The clause of the old Convention limiting its application to under- 
takings employing more than ten men or women was removed 
so as to make the new convention apply to all industrial under- 
takings excepting only those in which only members of the same 
family are employed. The definition of "industrial undertakings" 
was restated so as to make it apply to all industrial undertakings 
within the sphere of application of other conventions. 



INTRODUCTION 

Two other recommendations were adopted; one was for the 
prevention of anthrax, and the other for the protection of women 
and children against lead poisoning. The latter urged the ex- 
clusion of women and 3^oung persons under eighteen years of age 
from employment in processes using lead compounds. Where 
such employment occurs, the regulations necessary to prevent 
poisoning were prescribed. 

The fifth recommendation advocated the estabhshment of 
efficient factory inspection and government service for safeguard- 
ing the health of workers ; and the sixth recommendation advised 
each member of the International Labor Organization to adhere 
to the Bern Convention prohibiting the use of white phosphorus 
in the manufacture of matches. 

By the terms of the fifth draft convention, "children under 
the age of fourteen years shall not be employed or work in any 
public or private industrial undertaking, or in any branch thereof, 
other than an undertaking in which only members of the same 
family are employed." Special exceptions to this were allowed 
in the cases of Japan and India. The convention required em- 
ployers to keep a register of all employees under the age of six- 
teen. The date for the convention going into effect was fixed for 
not later than July 1, 1922. 

The sixth draft convention concerned the night-work of young 
persons in industry and prohibited the employment during the 
night of young persons under eighteen years of age. The Bern 
draft convention of 1913 (see pp. 318-320, also, p. 131 et seq.), 
which constituted the basis for the formation of this convention, 
had fixed the age limit at sixteen instead of eighteen. The Wash- 
ington convention made exceptions for steel works, glass works, 
paper and raw sugar manufactories, and gold mining reduction 
work, in which young persons over the age of sixteen could be 
em.ployed. The term "night" was defined as signifying "a period 
of at least eleven consecutive hours, including the interval be- 
tween ten o'clock in the evening and five o'clock in the morn- 
ing." Special exemptions were allowed for Japan and India. The 
prohibition of night-v/ork for young persons over sixteen years 
of age could be suspended in case of serious emergencies. There 
were also special provisions applying to workers in coal and lig- 

xli 



THE INTERNATIONAL PROTECTION OF LABOR 

nite mines and bakeries. The date for bringing the provisions 
of the convention into operation was set for not later than July 
1, 1922. 

Second International Labor Conference of the Labor Organi- 
zation of the League of Nations, Genoa, June 15 — July 10, 1920. 
— The official Conference of Genoa was devoted exclusively to 
the consideration of protection for seamen. Three draft conven- 
tions and four recommendations were adopted.* 

The first recommendation favored the adoption of the eight- 
hour day and forty-eight-hour week in so far as possible in the 
fishing industry, and the second recommendation advocated the 
same measures for workers employed in inland navigation. The 
third recommendation asked each member of the International 
Labor Organization to codify seamen's laws and regulations. The 
fourth recommendation urged the adoption of unemployment in- 
surance for seamen. 

The first draft convention fixed fourteen as the minimum age 
for the admission of children to employment at sea. The date 
for enforcement of its terms was fixed for not later than July 
1, 1922. 

The second draft convention provided unemployment indem- 
nity for seamen to be paid by the employer in case of the loss or 
foundering of a ship. Members ratifying the convention engaged, 
whenever possible, to apply it to colonies, protectorates and 
possessions with necessary modifications. The final date for the 
convention coming into force was set for July 1, 1922. 

The third draft convention was adopted with a view to estab- 
lishing facilities for finding employment for seamen. Employ- 
ment agencies charging fees for profit were prohibited unless 
licensed by the government. The establishment of free public 
employment bureaus was required. Committees representing 
shipowners and seamen were to give advice concerning the ad- 
ministration of these bureaus. Freedom of choice of ship must 
be allowed to seamen and the benefits of employment agencies 
must be accorded to the seamen of all countries adhering to the 
convention where industrial conditions are approximately the 

*For copies of the draft conventions and recommendations, see the 
Supplement. 

xlii 



INTRODUCTION 

same. Furthermore the convention required that all available 
information concerning seamen's employment be communicated 
to the International Labor Office. The date for the convention 
to take effect was set for not later than July 1, 1922. 

A proposed convention establishing an eight-hour day and a 
forty-eight-hour week for maritime workers in general failed at 
the Conference of Genoa to obtain the two-thirds vote necessary 
for its adoption although the majority of governments voted with 
the workers in favor of it. Experience in the meetings of the 
General Conference at Washington and Genoa has shown the 
fear that governments would vote solidly with employers to be 
unfounded. Government delegates have frequently been divided 
in their vote and have tended to support workers* delegates quite 
as much as employers' delegates in the various issues that have 
arisen. 

In August, 1920, the International Seafarers' Federation held 
a meeting in Brussels at which, because of the failure of the Con- 
ference of Genoa to adopt the above-mentioned convention, it 
was decided to commence in every country agitation for an 
eight-hour day and a forty- eight-hour week at sea with a forty- 
four-hour week in port and to ask Mr. Thomas, the director of 
the International Labor Office, to co-operate in bringing about 
a conference between shipowners and seamen in order to reach 
a satisfactory agreement on this issue. In the event of failure 
to reach a settlement the Congress decided that a general strike 
should be called. The action of the Federation in referring the 
matter to the International Labor Office was another evidence of 
the confidence of labor in the International Labor Organization. 



sliii 



PART I 



The Movement for International Labor Legislation 



CHAPTER I. 

The Movement Defined 

At the time of the outbreak of the World War in 1914, there 
was no international law of labor, nor, in fact, had there ever 
been; because no code of economic principles or legal enactments, 
for the protection of labor, had ever been so generally accepted 
as to attain to the authority of international law. That status 
can be acquired only when, by the common consent of civilized 
nations, a specific body of protective labor measures is recog- 
nized as of universal obUgation. Nevertheless there was a system 
of international labor law that could be said to be in the process 
of making; for there existed a body of labor legislation, the re- 
sult of treaties and other international agreements, which bade 
fair to fulfill at some time the conditions of international obli- 
gation. 

When, by international convention, ten European countries anS 
thirty- two dependencies had agreed to prohibit the use of the 
poison, white phosphorus, in the manufacture of matches, and 
at the same time, twelve Governments and eleven colonies had 
adhered to an agreement to estabHsh a uniform night's rest of 
eleven hours' duration for women in industry, it was obvious that 
certain protective labor measures had reached an advanced 
stage of international enactment, even if they had not been 
widely enough accepted or long enough enforced to acquire the 
prestige of international law in the technical sense of the term.* 
The measures referred to are commonly known as the Bern 
Conventions of 1906. Their event was so satisfactory that pro- 
posals were drafted similarly to prohibit the night-work of young 
persons and limit the day-work of women. In 1913, the year in 
which tentative outlines to this effect were revised and approved 
at an intergovernmental conference with the prospect of their in- 
corporation into conventions by an official Diplomatic Assembly 
in the following year, it did not seem to require any severe 

*This was the situation in 1914 before the War. 



THE INTERNATIONAL PROTECTION OF LABOR 

exercise of the mental powers of the average man or woman to 
foresee the time when regulations established for the protection 
of labor should become of such common acceptance and binding 
authority as to accede to the dignity of international law. And 
although the war was responsible for a serious break in this 
as in all fields of international co-operation, the work of the 
international labor movement, which was among the younger of 
international movements when the conflict broke and about which 
less was commonly known, still remained such as to entitle it to a 
wider recognition than it had received. 

To say that there was no international law of labor is not to 
say that there had been no international law which had directly 
affected labor or incidentally protected labor. Treaties had not 
infrequently specified, or identified with international law, rules 
in respect to the treatment of aliens, sailors, or agents directly 
concerned with some phase of international intercourse. Mari- 
time codes, regulations governing diplomatic agencies, war codes, 
all had rules w^hich affected labor or employees in some capacity 
or other. 

But the movement of which we speak, and the laws enacted 
in pursuance of it, were distinguished by the following character- 
istics : 

1. International protection of labor was the principal motive 
and aim. 

2. Measures enacted were the result of organized propaganda 
to this end. 

3. The laborers first considered and most directly benefited, 
were employees of industry defined as primarily manufacturing, 
mining and quarrying; although treaties on social insurance 
covered workers in still other provinces, including particularly 
transportation. 

Efforts in behalf of laborers within the domain of these spheres 
had constituted the essential activities of the international protec- 
tive labor movement. The movement was, however, constantly 
invading related realms and was not loath to identify itself with 
any specific international undertaking that might prove a factor in 
the reaUzation of its aims; as, immigration treaties, congresses 



THE MOVEMENT DEFINED 

of the medical fraternity, Christian organizations, social workers, 
socialist parties, etc. 

Agitation for international labor reform has profited much by 
motives other than that of protecting labor, and some there may 
be who would characterize this as the lesser and incorrect one 
by which to distinguish the movement. They would maintain 
that the accommodation of a nation rather than the laboring por- 
tion of a nation, is the essential motive lying underneath and 
behind protective enactments ; that the purpose dear to the heart 
of each country is the conservation of its own industrial resources 
necessary to effective competition in world markets and the 
maintenance of its relative position and industrial prestige. The 
reform has owed much to this incentive, particularly in its 
origin. Some believe they have discovered in labor protection a 
means of eliminating those grievances which precipitate strikes 
and industrial crises within the nation. The more common trend 
of argument is as follows: A nation needs industry; industry 
needs labor ; labor must be protected or industry will fail ; inter- 
national competition, becoming daily sharper, tends to drive each 
nation to grind the working class down under a load of exhaust- 
ing toil and excessive hours, exploiting men, women, and chil- 
dren, as instruments of cheap and copious production without 
regard to their rights as human beings. But the inevitable con- 
sequence of this is either the destruction or serious impairment of 
the efficiency of the labor force, by which, in either case, the very 
foundations of national industry itself are undermined. On the 
other hand, if a nation places restrictions on industry to protect 
labor, and other nations do not do likewise, the humane nation is 
easily outclassed by unscrupulous competitors and falls behind in 
the industrial race. Tersely stated, the dilemma resolves itself to 
this: (i) Fail to protect labor and ultimately ruin industry; (2) 
Protect labor and lose industrial prestige. Even at this, the 
second should be recognized as the lesser of the two evils; but 
when the "deluge" can be postponed to the next generation and 
the profits reaped by this, the temptation is to pin faith to the 
first horn of the dilemma. And so after studying the difficulty, 
wiseacres have concluded that the only escape compatible with 
the maintenance of industrial prestige in international markets and 



THE INTERNATIONAL PROTECTION OF LABOR 

the salvation of national industry is to be found in international 
labor agreements whose impartial application to the competitors 
of every country v^ill tend to preserve the relative industrial 
standing of each in spite of whatever diminution of output such 
protection may involve. 

It is a process of reasoning based upon facts, and which reaches 
sound conclusions as to what ought to be done in a majority of 
cases; but it makes industrial efficiency rather than protection 
of labor the justification and chief end of the protective move- 
ment. The results are substantially the same, whichever motive 
is adopted, until we come to an exigency where it is conceived 
that the attainment of greater industrial efficiency, even though it 
be temporary, at the cost of sacrificing labor, is the preferable 
course to pursue. For example, a nation without protective law 
might decide to continue thus to take advantage of nations with 
protective law, and risk the consequences to its laboring popu- 
lation, relying possibly upon an abnormal ability to supply its 
labor market. Again, there may be cases in which advantage 
will result from such exploitation during the period of an em- 
ployer's lifetime, and so from selfish motives, he may be led to 
obstruct moves that, in effecting the protection of labor, trespass 
upon his own profits. Thus loyalty to the doctrine of justification 
by efficiency rather than to justification by protection may be- 
come vicious and retard the protection of workers. 

Very certain it is that loyalty to labor and to humanity will, 
in the long run, be found to be entirely compatible with loyalty 
to national industry; but loyalty to national industry in the 
short run, may not be compatible with loyalty to labor and 
humanity; and men are tempted to be swayed by the profits of 
the short run, especially when that run is co-extensive with their 
lease on life. Up to this point we have considered the employ- 
ing class and the working class as having a common national 
interest connected with their separate group interests^ But if 
we take an entirely different view of the situation and consider the 
employing class as an international group devoid of national 
interests or at least placing class above national interests, it still 
remains true that in the long run the preservation of the health 
and happiness of the workers by protective law will be highly 



THE MOVEMENT DEFINED 

advantageous to the employer as well as to the best interests o£ 
the worker. Therefore, the motive which is safe under all cir- 
cumstances, and should predominate, is that of protecting labor, 
which is, after all, the principle that has animated the great lead- 
ers of the international labor movement. 

The conditions which gave rise to the need for such a move- 
ment were economic and constitute a field of history which has 
been thoroughly treated. However, we make no apology for 
selecting from facts of common knowledge some of the most 
striking, with which to sketch a partial picture of the economic 
origins of today's industrial phenomena, because of their vital 
connection with the subject matter of our interest. 

What IS to history a comparatively short time ago, 150 to 200 
years, there were in England no factories, no great machines, no 
steam engines, no hordes of men, women and children crowded 
within four dingy walls to begin work at the sound of a whistle. 
The domestic system of manufacture prevailed. The spinning of 
yarn and thread, the weaving of cloth, the shaping of earthen 
and metal ware, were all processes carried on in the homes of 
the townsmen and inhabitants of the rural districts. These 
products were either sold to the agents of some shipping mer- 
chant, or the producer went out to seek his own market. The 
machinery used was very crude, merely a wooden frame op- 
erated by hand or foot power. The craftsman was his own 
master with regard to rules of production and the ordering of 
his hours of labor. Master craftsmen, journeymen, and ap- 
prentices belonged to the same social class and every worker had 
the promise of becoming a master in his own trade some day. 
Then came a momentous change. Between 1750 and 1800, there 
occurred the most remarkable period of industry-changing de- 
vices known to history. In regular succession, Kay brought 
forth the shuttle drop box (1760); Watt, the improved steam 
engine (1761-1769) ; Hargreaves, the spinning jenny (1767); 
Arkwright, the roller spinner (1769) ; Crompton, the mule spin- 
ner (1779); Cartwright, the power loom (1784); Whitney, the 
cotton gin (1793) ; Roebuck, new smelting processes; Lavoisier, 
important chemical discoveries, etc. These inventions revolu- 
tionized the whole field of industry : instead of the wooden frame 



THE INTERNATIONAL PROTECTION OF LABOR 

in the home, now the huge machine of iron ; instead of supplying 
power with hand or foot, it now became necessary to place 
these monsters beside the waterfall, or adjacent to the steam 
engine where the lOO and looo horsepower could be applied; 
instead of the little family group plying their daily tasks about 
the home, father, mother and children were obliged to betake 
themselves to the factory to work twelve, fourteen, or sixteen 
hours a day under new and strange conditions too often working 
the havoc of moral and physical degeneration upon their victims. 

Viewed in historical perspective, so sudden and unexpected 
was this transition, so extensive and irresistible the change, that 
thousands of the laboring masses unable to adjust themselves to 
the new regime or to compete with factory-made goods, found 
themselves crushed under what to them was the "Juggernaut" of 
great machinery and capital. Although certain of the character- 
istics of war were lacking, this transition has nevertheless been 
termed a revolution, an industrial revolution, none the less mo- 
mentous in its consequences than any of the great revolutions of 
history and entailing in its wake none the less of destruction and 
misery than any of the wars of the early Britons. 

Under the domestic system it had been customary for the 
family to own a small plot of ground or to use the common 
pastures and open fields, from which were obtained directly the 
partial means of its subsistence. But contemporaneous with the 
industrial revolution, there occurred a widespread agricultural 
enclosing movement. The homesteads and publicly used lands 
were consolidated by the gentry and landowning classes into 
large estates and farms worked on a capitalistic basis. Wretched 
as had been the condition of the handicraftsman in the domestic 
stage, it held no comparison to the misery of the new order. De- 
prived of the ownership and free use of land, face to face with 
the relentless competition of a new industrial era, they of the 
domestic system came to realize that they could not hold their 
own against the factory regime; neither could the laborer any 
longer look forward to the time when he could be a master in 
his craft; it was now necessary to have capital to purchase ma- 
chinery and other appurtenances with which to set up indepen- 
dently in business. That capital the laborer in general could not 

8 



THE MOVEMENT DEFINED 

hope to command. An impassable gulf seemed to be yawning 
between the employer and the employed. The masses faced the 
classes in sullen envy and distrust. 

Co-eval with the advent of the new order of things went the 
influence exerted by the epoch-making work of Adam Smith, The 
Wealth of Nations (1776). The physiocrats' doctrine of laissez 
faire was exalted, while the theories of the mercantilists waned. 
Unprotected by legal enactments and at the mercy of employers 
who were themselves victims of unrestrained competition, under 
unjust treatment and unjust laws, under the intense selfishness 
exhibited by the controlling classes, in the shops and in the fac- 
tories, employees gradually became educated to the doctrines of 
collective resistance and collective bargaining. Class conscious- 
ness took definite shape. Trade unionism was evolved. Out- 
lawed by governments and oppressed by courts, organizations, 
spasmodic, secret, timid, nevertheless continued to increase. 
Nourished by oppression, unionism was but an infant learning to 
exercise its arms and limbs, but it was an infant of a giant race. 
Society and government found themselves face to face with 
phenomena with which they did not know how to deal. Between 
1800 and the present time, there has been written in the legisla- 
tive records of the great industrial nations the history of the 
struggle to render the large-scale system of production com- 
patible with the welfare of the wage-earner. Laws covering child 
labor, factory inspection, social insurance, the work of women, 
the limitation of the workday, occupational diseases, et cetera, 
have rapidly multiphed. 

Different countries reflect all the different stages of develop- 
ment of labor regulation, but national and local labor legislation of 
some kind has become a common factor in the economic life of 
every civilized community. More or less distinct types of labor 
laws have had initial development among different national 
groups. In Great Britain, France, and the United States, pro- 
tective labor law tended at first to favor women and children; 
skilled craftsmen have bettered their conditions of employ- 
ment by collective bargaining and by the exercise of pressure on 
legislative bodies. Another group of countries was primarily 
concerned with the general insurance of labor against the risks 



THE INTERNATIONAL PROTECTION OF LABOR 

of industrial life; i. e., accidents, sickness, disease, etc. This 
class of States is represented by Germany, Austria, Hungary, and 
the Scandinavian powers. Another group has had markedly 
socialistic tendencies in the administration of labor regulations, 
as is the case with Australia and New Zealand. These legislations 
widely divergent in their inception have continued to converge 
more and more in their adoption of certain fundamental princi- 
ples. And now the time has come when economists are fully 
aware that in a world of international markets and international 
industrial competition, there are conditions of production that 
can be most effectively controlled in the interest of labor, as well 
as of others concerned, by international agreements. 



lO 



CHAPTER II 

Genesis of the Movement 

Origin of the International Labor Movement "^ 

In i8i8, when the statesmen of Europe assembled at 
Aix-la-Chapelle to attempt one of the periodic adjustments 
of the affairs of that continent, a pioneer in industrial reform 
addressed to the Congress a petition, unique in its declaration 
that a prime task for the governments of Europe was the 
international fixation of the legal limits of the normal workday for 
the industrial classes of Europe. The person through whom a 
proposition of this order thus found initial expression before an 
international assembly, was the noted philanthropist and social 
worker, Robert Owen;* but although standing as he did, the 
prophet of a new order of diplomacy, the statesmen of that day 
spared but scant attention to his proposals and gave to them no 
practical result. After a lapse of several decades, Mr. Owen 
drew up a declaration entitled: "A LETTER ADDRESSED TO 
THE POTIvNTATES OF THE EARTH IN WHOM THE 
HAPPINESS AND MISERY OF THE HUMAN RACE ARE 
NOW INVESTED; BUT ESPECIALLY TO AUSTRIA, 
FRANCE, GREAT BRITAIN, PRUSSIA, RUSSIA, SCAN- 
DINAVIA, TURKEY, AND THE UNITED STATES OF 
NORTH AMERICA; BECAUSE THEIR POWERS ARE 
NOW AT PEACE WITH EACH OTHER, AND COULD 
WITHOUT WAR, EASILY INDUCE ALL THE OTHER 
GOVERNMENTS AND PEOPLE TO UNITE WITH THEM 
IN PRACTICAL MEASURES FOR THE GENERAL GOOD 
OF ALL THROUGH FUTURITY," in which among other 
things he said : ". . . if you will now agree among yourselves to 

*C/. L. Chatelain, La Protection internationale ouvriere. Chapters II 
and III. E. Mahaim, LeDroit international ouvrier, p. 183 ef suiv. 

^Supplementary Appendix to Vol. I. of the Life of Robert Owen. 
pp. x-xii, 209-222. 

II 



THE INTERNATIONAL PROTECTION OF LABOR 

call a congress of the leading governments of the world, inviting 
those of China, Japan, Burma, etc., and to meet in London in 
May next, I will, should I live in my present health to that pe- 
riod, unfold to you at that congress the natural means by which 
you may now, with ease and pleasure, gradually create those sur- 
roundings in peace and harmony, which shall have a perpetual 
good and superior influence upon all of our race." This proposal 
was not adopted. 

Apart from Mr. Owen's own efforts, the idea of international 
co-operation for the control of industrial conditions was not 
seconded in any signal manner ^ until a Frenchman, Daniel Le- 
grand by name, a manufacturer of Steinthal, Alsace, also under- 
took the task of impressing upon men of affairs the urgent need 
of such co-operation for industrial welfare. Imbued with the 
idea that in European industry there were conditions which were 
not susceptible of proper regulation by the individual action of 
nations, but which would readily lend themselves to such regula- 
tion under an accord of the powers, Mr. Legrand addressed va- 
rious memorials to this effect (1840-1847) to the governments of 
Europe, memorials which suffered much the same fate as those 
of Mr. Owen, but which received from their author a vigorous 
sequel in the form of a letter sent not only to French authorities, 
but also to the Cabinets of Berlin, St. Petersburg and Turin. This 
letter was published four times in the years 1853, 1855, 1856, and 
1857, respectively. It boldly stated the position that the solution 
of the problem of according to the laboring classes the moral and 
material benefits that are desirable, must be found in international 
labor law, without which industry suffers and the international 
competition of manufacturers escapes needed limitations; and 
that moreover things principally to be striven for comprise: ele- 

^ A.d.—Archivei diplomatique s, 1890 (2 Serie), t. XXXVI, p. 36-40. 

The idea of international co-operation for the abatement of certain 
factory evils was expressed by the Frenchman, Villerme, who undertook, 
nnder the auspices of the Academy of Social and Political Science, an 
inquiry into the conditions of the laboring classes in the textile indus- 
try, and made his report in 1839. He said, however, that such "disin- 
terestedness" was not to be counted upon, as it was without precedent. 

Blanqui in his Coufs d*economie industrielle (1838-1839) suggested 
international treaties to regulate conditions of competition. (See Ma- 
haim, E-L^ Droit international ouvrier, p. 188-189.) 

12 



GENESIS OF THE MOVEMENT 

mentary schools; instruction of young workers up to the time of 
their confirmation; Sunday schools for all ages; protection of 
the moral and material interests of the labor class by interna- 
tional legislation ; the Gospel received into the heart and home of 
the laborer and his employer ; Sunday rest ; encouragement of the 
life and industry of the family by the State and by manufactur- 
ers ; the extension of the benefits of savings banks to every local- 
ity; and old-age pension funds; concurrent v/ith the attainment 
of all which, it is essential that there be the firm suppression by 
an international law on industrial labor, of the evils ^suffered by 
the laboring people including lack of instruction and education, 
child labor in factories, excessive labor, night-work, Sunday 
work, and the absence of proper age limits. 

This array of wrongs, according to Mr. Legrand, could be 
remedied in part at least by the international adoption of pro- 
visions such as the following: the total prohibition of the work 
of male children under ten years of age and of females under 
twelve; the limitation of their work to six hours in twenty- four 
until thirteen years of age; the extension of the length of the 
workday to ten hours upon their attainment of the age of four- 
teen, with provision for a nooning of at least one hour; the 
proper certification of the age, school, and employment records of 
young employees; limitation of the work of adults to twelve 
hours in twenty-four, none of which labor should be required 
prior to 5 130 a. m. or subsequent to 8 :30 p. m. ; the interdiction 
of Sunday, or night-work for young people under eighteen years 
of age and for the feminine sex altogether; proper regulation of 
unhealthy and dangerous trades, etc. Most of the reforms advo- 
cated by Mr. Legrand have since become the object of interna- 
tional investigation and some of them; e.g,, the night-work of 
women and old-age pensions, of international enactment. 

To find the next noteworthy expression of this idea of protect- 
ing labor by measures international in scope, we must turn to a 
Swiss report addressed in 1855 to the Cantonal Council of Zurich 
by a Commission of the Canton of Glarus.* An international 
concordat to regulate the length of the workday, child labor, etc., 
was suggested by this report, which also remarked the fact that 

* Ibid, t XXXVI. p. 40-41. 

13 



THE INTERNATIONAL PROTECTION OF LABOR 

competition between spinners could not be satisfactorily con- 
trolled without the creation, by international understandings, of 
greater uniformity in conditions of production; but since such 
an idea in that day and age of the world belonged to the category 
of "vain desires," it remained the duty of the moment to strive 
for greater uniformity in a sphere more limited. A movement 
for intercantonal labor legislation which originated in Glarus in 
1852 may account for the interest shown by this Canton in 
the subject of international control.® 

Soon thereafter (1856), in Belgium, Mr. Hahn introduced the 
subject of international labor regulation before an international 
Congress of benevolent societies convened in Brussels, with the 
result that the idea was discussed and officially endorsed by the 
Congress. 

In the following year ( 1857) Germany witnessed the approba- 
tion of the idea by a Congress at Frankfort. The question suc- 
ceeded to further publicity in that country in 1858 as a result of 
the publication of Bluntschli's Dictionary of Political Science, 
which dealt with the matter of international agreement on 
labor regulation. In the same year, Bluntschli and Braber, both 
advocates of doctrines of the socialist professors, broached the 
question of Sunday rest and came to the conclusion that practical 
results could be obtained only by an international agreement on 
the subject. Other German professors to add thought to the 
movement were Adolph Wagner and Brentano, the former pro- 
posing in his work. Rede uber die Sociale Frage, the protection 
of labor's class interests by international agreements in such 
manner as would not be injurious to national industry, while the 
latter outlined, in his Handbuch der Politick Oekonomie, the 
program of the Christian Socialist Labor Party, championing the 
prohibition of Sunday labor, the suppression of the factory work 
of minors and married women, the placing of certain limitations 
upon the work to be required of a laborer in a day, protection for 
national labor', and propaganda for the internationalization of 
protective labor laws. 

In 1866, the International Workingmen's Association, known 
as the International, founded two years previous in London at a 

5/6tU tXXXVI. p.47. 

14 



GENESIS OF THE MOVEMENT 

meeting of trade-unionists representing different countries, met 
at Geneva and formulated a series of resolutions to be there- 
after included among the demands of labor. These resolutions 
embraced a maximum workday of two hours for children between 
nine and thirteen years of age, of four hours for those between 
thirteen and fifteen, and of six hours for those between sixteen 
and seventeen; the prohibition of the night-work of women and 
of all labor injurious to their health; a maximum workday of 
eight hours for all laborers and the prohibition of night- work, ex- 
clusive of necessary exceptions for certain industries. The Asso- 
ciation also proceeded by manifesto to proclaim its conviction of 
the need for international labor regulation ; this it continued to do 
in subsequent meetings, in which, as also in the Baltimore Con- 
vention (1866) of the National Labor Union of America, the 
idea of international co-operation was approved in a manner very 
encouraging to proponents of the principle. These early pro- 
posals for banning the night-work of women in connection with 
the recommendation of international co-operation are significant 
in the light of the international Convention on the subject signed 
forty years later. Karl Marx delivered the "inaugural address" 
before the Congress of Geneva and this phase of the international 
labor movement developed into socialism.^ The securing of the 
adoption of international labor legislation by the existing govern- 
ments became merely an incidental aim of socialism's political 
program. 

6 In the Bulletin of the United States Bureau of Labor Statistics, No. 
268 (Miscellaneous Series), Mr. Leifur Magnusson says: "The politi- 
cal phase of the international labor movement, as stated previously, 
developed into what is known as socialism. Beginning with the 
efforts of English and French workers to improve their working 
conditions, it gradually passed into a movement to change the prin- 
ciples underlying the present organization of society. This is still 
the theory of those members of the labor movement who have 
guided and participated in the international congresses. . . . The dis- 
cussions and resolutions of the congresses, for instance that of 
Copenhagen, 1910, now deal almost wholly with the problems of 
reform through labor legislation and trade-union action. The larger 
political questions of the ballot, disarmament, and universal peace 
are less prominent than the economic questions of trade-union organ- 
ization, co-operation, and wealth distribution." p. 64. See also pp. 
34-64. For a discussion of the international trade-union movement, 
see pp. 65-82. 

15 



THE INTERNATIONAL PROTECTION OF LABOR 

Other congresses called by the Socialist International are as 
follows: The Congress of Lausanne (1867) at which some 
concessions were made to the collectivists or state socialists ; the 
Congress of Brussels (1868), where distinctly socialistic princi- 
ples were adopted ; the Congress of Basel (1869), in which Baku- 
nin and other anarchists joined and to which the American 
National Labor Union' sent Mr. A. C. Cameron as the first Amer- 
ican delegate to an international labor conference; the Congress 
of The Hague (1872), on which occasion the anarchists were ex- 
cluded from the International and its General Council was re- 
moved to New York; the Congress of Geneva (1873), where 
sociahsts and anarchists held opposition meetings showing the 
strife that was causing the disruption of the First International ; 
the Congress of Brussels (1874) ; the Congress of Bern (1876) ; 
the Congresses of Verviers and Ghent ( 1877) ; and the Congress 
of Chur (1881), which was the last of the ten congresses having 
any distinct relation to the original International. A group of 
socialists held a conference at London in 187 1, and some anar- 
chists met at St. Imier in 1872. After the dissolution of the old 
International, congresses representing both socialists and trade- 
unionists were held at Paris in 1883 and 1886, and at London in 
1888. A second Socialist International was organized at Paris 
in 1889. It has held congresses at Brussels (1891); at Zurich 
(1893); at London (1896); at Paris (1900); at Amsterdam 
(1904); at Stuttgart (1907); at Copenhagen (1910); and at 
Basel (1912). Its meetings were resumed in February, 1919. 
American participation in the career of the First International had 
no important results. It caused a certain degree of co-operation 
among European labor interests to check the activities of the 
American Emigrant Company which was engaged in importing 
into the United States contract laborers to be used to meet em- 
ployers' needs arising from strikes. As is well known, under the 
pressure of labor organizations, the Government finally pro- 
hibited the immigration of this class of workmen. 

Various international trade-unions have also held international 
congresses, not so much, however, to further the enactment 

7 Documentary History of American Industrial Society by Commons 
and Andrews, Vol. IX, pp. 43-46, 338. 

16 



GENESIS OF THE MOVEMENT 

of international laws in general protection of labor as to put for- 
ward measures pertaining directly to occupational interests or 
to political party propaganda. For example, since 1890, the 
miners have held regular international congresses, a number of 
which have been under the domination of radical socialists. It 
is our purpose to discuss those assemblies and efforts that aim 
principally at international legislation as a means of properly 
safeguarding the interests of the laboring class, noting at the 
same time other meetings and events by which the idea of inter- 
national protection has been advanced. 

In the year after the meeting at Lausanne, a French economist, 
Louis Wolowski, recognizing in foreign competition a condition 
compelling the industrial exploitation of children, young peo- 
ple, and women, intimated that unanimity of action to remedy the 
unfortunate situation, after the example of the measures inter- 
nationally adopted for the suppression of the slave trade, con- 
stituted a consummation devoutly to be desired. So many treaties 
appeared to him to have been concluded with the aim of killing 
men that he wished to be able to witness the adoption of similar 
means to enable mankind to live, although in his estimation the 
international competition of industry had not as yet reached the 
dreadful pass of sacrificing human life. In 1873 ^^ submitted his 
idea of international regulation to the French National Assembly, 
and in the following year Mr. J. B. Dumas likewise submitted a 
petition to the same Assembly, embodying a similar appeal. 

By the end of the period (1871-1874) Bismarck and the 
Austrian Government had failed to reach an agreement by nego- 
tiation with reference to certain standards of labor legislation.^ 
Although an incident of this character might seem to a novice, 
like the first moves of pawns in a game of chess, .of little serious 
import, it was nevertheless a portent of greater things to come. 

The same truth was illustrated by events in Switzerland. 
Twenty-one years after the seemingly fruitless manifesto from 
the Swiss Canton of Glarus, previously alluded to, Colonel Frey 
of the Canton of Bale-Campagne, a Swiss Statesman, known in 
America as a volunteer in the Civil War, afterwards as Swiss 
Minister in Washington, and finally as President of the Swiss 

^ G.B.=Bulletin des Internationalen Arheitsamtes, Bd. Ill, S. IX. 

17 



THE INTERNATIONAL PROTECTION OF LABOR 

Republic,9 delivered in 1876, before the legislative Chambers, an 
address 10 in which he raised the question as to whether it was ad- 
visable for Switzerland to pursue the subject of the conclusion 
of treaties uniformly regulating conditions of labor among the 
several industrial States, presupposing of necessity sufficient elas- 
ticity in such regulation to allow for dissimilar conditions of pro- 
duction among the different countries. He assumed in common 
with most of the early protagonists of .the movement that sup- 
pression of industrial competition by international regulation con- 
stituted the best method of alleviating the hard lot of labor. Sub- 
sequent events proved that this agitation of the question was 
destined to produce fruitful results. 

The subject was^next adverted to by French socialists in con- 
gress assembled at Lyons, France, where a resolution espousing 
the cause of international labor legislation was adopted in 1877; 
this was followed in 1878 by a pronouncement in Germany on 
the part of Baron von Lohman favorable to international regula- 
tion protective of their industry and nationals; in 1879 the Asso- 
ciation of Christian Manufacturers of the district of which the 
capital is Lille, declared to the effect that governments could and 
ought to regulate the relations of labor, and that by means of in- 
ternational negotiations; the same body, met in Paris, renewed 
the resolution two years later. In 1880 delegates of the Social 
Democratic Association in Switzerland announced themselves in 
favor of international intervention for the protection of labor. 
Not far from this time, there appeared two diametrically opposite 
views on the subject emanating from representative German 
authorities, Gustave Cohn, Professor at the University of Grot- 
tingen, and Lorenz von Stein, another advocate of the doctrines 
of the socialist professors, not all of whom, however, favored 
international control of labor. Lorenz von Stein defended the 
idea while Gustave Cohn proceeded to postulate the downright 
inapplicability of any such regulation by reason of the defects 
evident in existing labor law, the great diversity in industrial and 
economic conditions, and finally, the hostility of wageworkers 
themselves to a regime decreeing restrictions upon their faculty to 

9 Geo. Gifford, U.S. Consular Reports, July 1901. 

10^. d. 1890. t. XXXVI. p. 41. 

18 



GENESIS Of THE MOVEMENT 

work and prohibiting their women and children from betaking 
themselves to the mills whenever they please. 

In December of the year 1880, a motion was made by Colonel 
Frey before the Swiss National Council that the Federal Council 
be invited to enter into negotiations with the principal industrial 
States for the purpose of bringing about international factory leg- 
islation. The next year (1881) this proposaP^ received serious 
consideration by the National Council without arousing afiy oppo- 
sition ; it was acquiesced in hesitatingly, however ; and it was de- 
manded that the Federal Council be left free to choose the oppor- 
tune moment for taking action in the matter. The opinion was 
expressed that satisfactory negotiations could take place only 
with such states as possessed factory legislation similar to that of 
Switzerland, e.g., England and France, whereas with a country 
such as Austria, which possessed little or no similar legislation 
but whose industrial relation to Switzerland was of great impor- 
tance, such negotiations must of necessity meet with grave diffi- 
culty and delay. The motion, so worded as to leave the time for 
action wholly to the discretion of the Federal Council, was 
adopted. In deference to this invitation, the Federal Council 
soon afterwards addressed to the Swiss Legations at Paris, Ber- 
lin, Vienna, Rome, and the Swiss Consulates General at London 
and Brussels a note calling upon them to procure from reliable 
sources such confidential information as would make it possible 
to know what States of Europe could be depended upon to co- 
operate in the matter of international regulation of labor in fac- 
tories, and also to obtain the information necessary in order to 
determine the official proceedings best adapted to this end. 

To the interrogations consequently submitted to the various 
powers, Belgium alone deigned no response. Her evaluation of 
the project must be measured by her silence. 

The reply from France indicated that in general the Govern- 
ment deemed it outside the province of the State to interfere with 
contracts between employers and employees or to curtail the lib- 
erty of labor, and that since such intervention v/as considered 
unwarranted nationally, the Government was inclined a fortiori 

'^Ibid., t XXXVI. p. 41. ei suiv. (This citation deals with both the 
proposal and the replies.) 

19 



THE INTERNATIONAL PROTECTION OF LABOR 

to adopt an attitude unfavorable to the international treatment of 
the matter. 

The Imperial Government at Berlin was likewise unprepared 
to co-operate, as it did riot take kindly to the regulation of the 
matter by the dicta of treaties. 

The Italian Minister for Foreign Affairs was curious to know 
which aspects of such a complex question were to be subjected 
to the procedure proposed : whether the work of women and chil- 
dren, sanitary conditions in workshops, strikes, large or small- 
scale industry, or all these phases of the problem combined. 

The Austro-Hungarian Government exhibited great reserve 
with reference to the matter. It stipulated that its participation 
would be made conditional upon the preliminary receipt and ex- 
amination of a copy of the measures proposed, upon assent to the 
same, and upon the certainty of the participation of the other 
important industrial States ; and furthermore upon condition that 
it might authorize its representatives merely to make note ad 
referendum of the points recommended by the delegates, reserv- 
ing to the Imperial Royal Government the ultimate decision. 

The English Secretary of State for the Home Department wac 
opposed, deeming it impracticable to conclude an international 
convention on the subject of factory regulation. 

Such was the first official attempt on the part of a Govern- 
ment, and such the failure, to attain some practical result inter- 
national in scope for the protection of labor. Discouraged for a 
time, Switzerland later returned to grapple with this self-imposed 
task and with more fortunate results. It is fitting to remark 
right here that to Switzerland more than to any other State be* 
longs the credit and honor of being the pioneer in blazing a trail 
for the international regulation and protection of labor. 

In 1882 a Congress meeting by order of "Verein fiir Sozial- 
politck" and carrying on its program the subject of interna- 
tional factory regulation, was held at Frank£urt-on-Main. The 
men delegated to draw up a report on the question were Gustav 
Cohn, with the tenor of whose views we are already familiar, and 
Dr. Franck, manufacturer of Charlottenburg, who, on the other 
hand, preferred, like Lorenz von Stein to add the weight of his 
opinion in favor of the movement, although he did not believe in 

20 



GENESIS OF THE MOVEMENT 

unduly limiting the work of women and children who ought to be 
permitted to add their mite to forestall suffering in the rainy day 
of industrial crisis. In the same year, the German Catholic Party 
evinced interventional tendencies, recognizing in the insufficiency 
of state intervention in industrial relations an argument for joint 
effort on the part of governments, and it recommended an inter- 
national conference on the problem. 

Not long thereafter (1883), an assembly composed of French, 
English, Spanish and Italian representatives of labor met in Paris 
and entertained a motion, introduced by delegates from English 
trade unions, recommending international legislation. It was 
averred that in certain countries the organization of labor was 
rendered impossible by unjust enactments, and hence it became 
the duty of all to uphold the cause, strive for the ameliorations de- 
sired, and oppose laws obstructing national or international 
legislation for the protection of those too feeble to defend them- 
selves against the abuses of the competitive system. In Switzer- 
land also, there occurred during the course of the year a meet- 
ing of labor associations which urged the Helvetian Government 
to continue its efforts for international law regulatory of factory 
conditions, and created a commission charged with the prosecu- 
tion of the movement among the working populations of France 
and Germany. 

On the 25th of January, 1884, the idea of international concord 
in the administration of labor law obtained its first expression 
before the French Parliament through the person of Count Al- 
bert de Mun whose address was followed by an order of the day 
inviting the Government to make provision for international legis- 
lation unharmful to national industry and yet preserving for each 
State the means of protecting women and children against indus- 
trial evils. At Roubaix, in the same year, an International Labor 
Congress drafted resolutions relating, among other things, to in- 
ternational legislation for the prohibition of work of children un- 
der fourteen years of age, and of night- work; also, for the safe- 
guarding of the health of workmen; and for an international 
minimum wage and a workday of eight hours. 

Discussion of the question was continued in 1885 by Mr. Vail- 
lant before the Municipal Council of Paris. He contended that 

21 



THE INTERNATIONAL PROTECTION OF LABOR 

the means of combatting an international evil ought to be inter- 
national; that the utility of general laws, already recognized to 
some degree by treaties of commerce, should be recognized in 
labor regulation; that each country can supplement international 
regulation by particular laws adapted to the various phases of 
moral, material, and industrial development peculiar to itself; 
that the essential elements of international law, demanded by rep- 
resentatives of the proletariat of all nations, have for a long time 
been recognized; and that as no country can object to interna- 
tional legislation involving no injury to its relative economic 
power, so no employers' selfishness can set itself in opposition, 
since in this question the interests of the laboring class and of the 
capitalistic class coincide, reaping mutual advantage from the 
decrease of industrial crises and the enhanced stability of com- 
merce. In consequence there was formulated in the name of the 
Municipal Council of Paris a voeu praying that negotiations be 
instituted by the French Government as promptly as possible with 
a view to establish international labor regulation. In recognizing 
that under an international agreement conditions best regulated 
locally may remain undisturbed, Vaillant makes a point for the 
failure to appreciate which, many opponents of the movement, 
e.g., Mr. Leroy-Beaulieu,^^ have seriously erred in their reason- 
ing. It is of course primarily those phases of industry involved 
in international competition that are to be subjected to interna- 
tional controL 

In December, 1885, French deputies submitted to the 
committee of the Chamber of Deputies a bill indicating by its 
terms willingness on the part of the French Government to com- 
ply with the overtures of the Swiss Government concerning in- 
ternational labor legislation, and readiness to assume the initia- 
tive, in concert with Switzerland, in endeavoring to bring about 
international law that would have for its aim the abolition of child 
labor under the age of fourteen, the limitation of the work of 
women and minors, measures of hygiene and safety, accident 
insurance, inspection, a normal workday, weekly rest, and an in- 
ternational bureau of labor statistics. One and one-half decades 
were yet to elapse before the establishment of an extralegal bu- 
^2 See L. Chatelain, La Protection internationale ouvriere, p. 153-158. 

22 



GENESIS OF THE MOVEMENT 

rcau of the kind proposed, and even a longer time ere the advent 
of the accident insurance treaties that now prevail. 

While these matters were occupying attention in France, a 
noted personage had proceeded to act as a damper to the move- 
ment in the German Empire. A proposal in favor of protecting 
labor internationally, made in the Reichstag in January, 1885, 
aroused Bismarck to the utterance of a disquisition upon the 
subject. "Impracticable" recapitulates in a word his conclusion. 
Members of the Social Democratic Party retaliated in the suc- 
ceeding year. Through the medium of a portion of this Party, 
a plan was set on foot to have the Reichstag adopt a resolution 
asking that the Chancellor of the Empire convoke a conference 
of principal industrial States for the purpose of formulating the 
uniform basis of an international protective labor agreement. 
The legal establishment of a ten-hour workday, and the sup- 
pression of night-work and of the work of children under four- 
teen, were the particular measures recommended. The resolution 
precipitated a heated discussion which served the mission of a 
publicity campaign, and in conjunction with a notable publica- 
tion of that period resulted in a repercussion of public opinion 
in favor of the movement 

That publication was the work of Dr. Georg Adler, fellow of 
the University of Freiburg, and was entitled: Die Frage des 
Internationalen Arheiterschutzes. The evils cited by this advo- 
cate of international regulation included female and child labor 
in factories ; undue length of the workday ; excessive assessments 
upon the wages of unskilled laborers; unemployment, incompe- 
tence, and disability due to accidents for which employers cannot 
legally be held responsible and also due to disease ; premature and 
necessitous old age ; and the sordid and unhealthy homes of work- 
men. In general. Dr. Adler would favor a method of prohibiting 
the work of children under thirteen so as not to conflict with a 
proper degree of schooling or professional training; a ten-hour 
workday for adults ; cessation of work at night, with exceptions ; 
a maximum workday of from five and one-half to six hours for 
young people from thirteen to sixteen years of age and for mar- 
ried women, which would be productive of the system known as 
"half-time," by which one shift of such persons is employed in 

23 



THE INTERNATIONAL PROTECTION OF LABOR 

the forenoon and the other in the afternoon exclusively ; a maxi- 
mum workday of ten hours for all young people from thirteen to 
sixteen years of age employed in domestic industry ; inhibition of 
labor on Sunday with exceptions, and also in certain occupations 
dangerous to health, and especially of the employment of young 
people or females in enterprises inimical to their health and 
morals; and finally for backward countries, a period of transi- 
tion of a dozen years if need be, for the attainment of the stand- 
ards set. 

Shortly after the appearance of Dr. Adler's work. Prof. Lujo 
Brentano of the University of Leipzig published an article upon 
"The International Regulation of Industry." He inquired into 
the effects of factory legislation upon national industrial compe- 
tition, discovering, in answer, a resultant moral and physical re^ 
generation of laborers, an increase in wages, an improvement in 
their ability and the general quality of their work compensating 
in part at least for whatever diminution of production may be 
attendant upon such regulation. In inquiring into the degree of 
uniformity possible in labor regulation between different indus- 
trial countries, he finds that it is possible only so far as the diver- 
sity of conditions of production, including climate, situation, pe- 
culiarities of social or industrial organization, financial resources, 
etc., of the competing countries permits. In his opinion diplo- 
matic pressure can be usef ull)^ exercised only to induce each 
country to pass national factory legislation compatible with its 
concrete conditions of production, thus preserving its capacity 
for competition, but, in defense of the employee, precluding exces- 
sive competition with the industries of other countries. For the 
enforcement of labor laws hypothecated in this plan, he suggests 
the device of adding to commercial treaties a clause making the 
enjoyment of their advantages conditional upon the faithful 
observance of the agreements entered into relative to factory 
legislation. The prima facie impracticability, or at best inferior- 
ity, of such a scheme, as compared with methods at present in 
operation, ought to make unnecessary any comment. 

The 23d of August, 1886, an international labor congress, con- 
vened at Paris to debate the problems of a normal workday, 
adopted a resolution urging the workers of the different countries 

24 



GENESIS OF THE MOVEMENT 

to invite their governments to concert the solution of labor's diffi- 
culties through international conventions. At the Congress of 
MontluQon in 1887, the trade unions of France voted to invite 
the Government to treat with other powers for international labor 
legislation. In Switzeralnd in the same year Messrs. Descurtins 
and Favon preferred a motion ^^ before the bureau of the Na- 
tional Council taking into consideration the fact that a great num- 
ber of states either had or were in the process of acquiring labor 
legislation similar to that of Switzerland, and consequently invit- 
ing the Federal Council to establish intercourse with those states 
relative to the conclusion of treaties or conventions on the pro- 
tection of minors, the limitation of the work of women, weekly 
rest and the normal workday. There was little expectation that 
such action on the part of the Federal Council at that time would 
produce immediate tangible results other than the exploitation of 
the subject in the limelight of European public opinion, but even 
that was considered to be worth while. In 1888 the Federal Coun- 
cil gave its official countenance to the proposition and declared its 
intention of presenting at some future date to the States of Eu- 
rope, in place of a general memorial, a concrete and detailed pro- 
gram. It hoped to realize in part at least the measures recom- 
mended in the motion, to which it wished to add the regulation 
of relations between employers and employees and of hygienic 
conditions in factories. Any attempt to obtain an international 
workday was characterized as impracticable for the time being. 
Attention was also directed to \he fact that the subject of labor 
control was not one merely between governments, but one in 
which the populations of the States concerned had a direct in- 
terest and one which would be either advanced or impeded in 
proportion as these populations co-operated for the success of the 
movement or failed to do so. In further elucidation of the mo- 
tion the following points were designated by special report as fun- 
damental to the conclusion of a satisfactory international conven- 
tion, vi^. : the determination of a minimum age limit for children 
working in factories and mines, the prohibition of the night-work 
of women and minors, of the work of women in certain unhealthy 
and dangerous industries, of Sunday work, and of too long a 
^^A.d. t. XXXVI. 1890, p. 46. 

25 



THE INTERNATIONAL PROTECTION OF LABOR 

workday for minors. The establishment of a central international 
office to transmit information with reference to the enforcement 
of international conventions was also advocated by this report. 

In 1889 the Federal Council addressed a Circular Note ^* to the 
governments of Europe recalling to mind its previous unsuccess- 
ful action in 1881, but now anticipating a more fruitful issue of 
its endeavors by reason of progress made in the supervening pe- 
riod of eight years. The question of concurrent labor legislation 
under an international compact was again broached. Recognition 
was given to the impossibility of the complete attainment of the 
ends in view by a single leap. As a beginning, it was thought that 
the international regulation of Simday, female and child labor 
would be apropos. The convocation of an international confer- 
ence to adjudicate upon such measures, drafted in advance for 
the sake of convenience, was recommended as a prerequi- 
site to their incorporation into international conventions. Pur- 
suant to the exchange of ratifications, such conventions would 
become valid to all intents and purposes as the international law 
of the powers concerned. It is noteworthy that fifteen years later 
this was substantially the procedure adopted for the creation of 
the Bern Conventions. The full program proposed in the Note 
included the prohibition of Sunday labor and of the employment 
of young people and women in undertakings dangerous or par- 
ticularly detrimental to health; the establishment of a minimum 
age for the admission of children into factories, and of a maxi- 
mum day's work for young workers; the restriction of night- 
labor for young people and women; and the mode of executing 
the conventions concluded. This time Austria-Hungary, France, 
Luxemburg, Belgium, Holland, and Portugal were favorably in- 
clined; Spain merely acknowledged receipt of the communica- 
tion; the replies of England and Italy contained reservations; 
Russia frankly refused to participate, finding ground for excuse 
in the difficulty of uniform regulation of labor under the diver- 
sity of conditions existent in different parts of the Empire. Ger- 
many, Denmark, Sweden, and Norway sent no reply. 

Switzerland had intended to convene a conference if possible 
in September 1889, but in view of the replies to her Note, she 

14 A.d. 1889, t. XXX. p. 77-79. 

26 



GENESIS OF THE MOVEMENT 

decided to postpone it to the following year. She addressed an- 
other Note ^^ to the ministers of the several powers previously 
approached, in which she reviewed the replies above cited and 
gs^e notice of her intention to transmit a detailed program for 
the coming meeting, as far in advance as possible, to the powers 
interested. The program was later submitted in connection with 
a formal invitation to the conference which was to be non-diplo- 
matic in character, and to be convened Monday, May 5, 1890, at 
three o'clock in the afternoon in the room of the Council of State 
of the Federal Palace at Bern, Switzerland. That program was 
conceived in the form of a long list of questions classified accord- 
ing to the topics already mentioned in a previous Note. 

In July, 1889, sociaHsts formed a new International at 
Paris where were presented resolutions prepared by an interna- 
tional conference held at The Hague, Feb. 28, 1889. The reso- 
lutions expressed approbation of the efforts of the Swiss Repub- 
lic and enjoined the co-operation of the socialist parties and labor 
organizations. The measures advocated the prohibition of the 
work of children under fourteen years of age, and of night-work 
in general; an eight-hour workday; hebdomadal rest; the con- 
servation of health ;*an international minimum' wage; a system 
of national and international inspectors chosen by labor and paid 
by the State to insure the enforcement of the above ; and the ex- 
tension of their supervision to home industry. 

In the following August, the general Council of Bouches-du- 
Rhone adopted a resolution by which the French Government 
was invited to take the initiative in international legislation to 
establish a workday of eight hours. 

On Feb. 25, 1890, the Swiss Republic, after its preparation of 
the long list of questions already alluded to, suddenly in a Circu- 
lar Letter ^® cancelled the international conference which was to 
be held at Bern and which was at last to crown with success a 
series of earnest and disappointing efforts extending over nearly 
a decade. When, after such an expenditure of time and trouble, 
the hard soil of international obduracy had at last become soft- 
ened and it had become evident that the time was ripe to achieve 

15 A.d. 1889. t. XXXI, p. 342. 
^^A.d. 1890, t. XXXIII. p. 373-374. 

27 



THE INTERNATIONAL PROTECTION OF LABOR 

the honor of bringing about an official international conference 
between the great powers of Europe to deal with the question ol: 
protecting labor by means of treaties, why did the sturdy Switzer 
suddenly forego the realization of his hopes? The two following 
rescripts ^^ of the German Emperor issued just twenty- 
one days (Feb. 4) before the sending of the Swiss Note of can- 
cellation, intimate the reason for the abandonment of the project 
by Switzerland. 

The first rescript addressed to Bismarck was as follows : 

*T am resolved to lend a hand to the betterment of the condi- 
tion of the German workers in proportion to my solicitude oc- 
casioned by the necessity of maintaining German industry in 
such a state that it can meet the competition of the international 
market and insure thereby its own existence and that of the 
workers as well. The decadence of German industry, by the loss 
of foreign outlets, would deprive of their means of subsistence 
not only employers but also their employees. The difficulties 
which oppose themselves to the betterment of the condition of our 
workers and which result from international competition can be, 
if not surmounted, at least diminished, in no other way than by 
the international agreement of the countries which dominate the 
international market. 

"Being convinced that the other governments are equally ani- 
mated with the desire of submitting to a common examination the 
tentative proposals on the subject concerning which international 
negotiations have been broached by the workers of these coun- 
tries, I want my official representatives in France, England, Bel- 
gium, and Switzerland to find out whether the governments are 
disposed to enter into negotiations with us with the aim of bring- 
ing about an international agreement on the possibility of givng 
satisfaction to the needs and desires of the workers which have 
found expression in the strikes of late years and in other forms 
of unrest. 

"As soon as my proposal shall be accepted in principle, I charge 
you to convoke all the governments interested in like measure 

^■^A.d. 1890. t. XXXIII. p. 325-326. 

28 



GENESIS OF THE MOVEMENT 

in the labor question, to take part in a conference which shall 
deliberate upon the questions raised. 

"Berlin, February 4, 1890. 

"WILLIAM." 

The second rescript to Messrs. Berlepsch and Maybach was as 
follows : 

"In mounting the throne, I have made known my resolve to 
favor the development of our legislation in the direction given 
it by my late grandfather, who had assumed the task of protect- 
ing the less fortunate classes in the spirit of Christian morality. 

"The measures that the legislative and administrative authori- 
ties have taken with a view to bettering the situation of the work- 
ers, while being very valuable and very successful, have not how- 
ever completely sufficed for the task that I have set myself. 

"It will be necessary in the first place to complete the legislation 
on workmen's insurance. Next -we shall have to examine the 
provisions of the present law on the condition of factory work- 
ers in order to give satisfaction to their complaints and aspira- 
tions in so far as they are just. The examination of this law 
should proceed on the principle that it is one of the duties of 
the government to regulate the duration and nature of work in 
such manner that the health of the workers, the principles of 
morality, economic needs of workers and their aspirations toward 
equality before the law, may be safeguarded. 

"In the interest of the maintenance of peace between employers 
and the w^orking people, it would be advisable to make legal pro- 
vision for the purpose of insuring the representation of workers 
by men enjoying their confidence and charged with the responsi- 
bility of regulating their common affairs and of defending their 
interests in the negotiations with employers and with government 
authorities. 

"An institution of this kind will facilitate for workers the free 
and peaceful expression of their desires and grievances. It will 
furnish to officials the means of keeping informed in a regular 
manner on the labor situation and of continuing in contact with 
the workers. 

"I desire that in respect of the economic protection to be ac- 

29 



THE INTERNATIONAL PROTECTION OF LABOR 

corded laborers the mines of the State may become model insti- 
tutions. As regards private mines, I desire that organized rela- 
tions be established between my mining officials and these under- 
takings with a view to a supervision analagous to factory inspec- 
tion. 

"For the preliminary examination of these questions, I decree 
that the Council of State shall meet under my presidency and 
examine them, calling in competent persons whom I shall desig- 
nate. I reserve to myself the appointment of these persons. 

"Among the difficulties in regulating the condition of laborers 
in the way that I propose, the more considerable are those which 
result from the necessity of taking care of national industry in its 
competition with foreign industries. I have accordingly advised 
the Chancellor of the Empire to suggest to the Governments of 
the States whose industry with ours holds the universal market, 
the meeting of a conference to bring about an international regu- 
lation, fixing the limits of the work that can be required of labor- 
ers- The Chancellor of the Empire will forward copy of my re- 
script to your address. 
"Berlin, February 4, 1890. WILLIAM." 

Switzerland desired the success more than the honor of the 
first great international conference of a diplomatic character 
which would rivet the attention of the whole world upon the sub- 
ject of international labor regulation. She acquiesced and co- 
operated in spite of the unexpected change of affairs which the 
above rescripts precipitated. Conseqently, as had been antici- 
pated, the conference was held; but as had not been anticipated, 
it was held under the auspices of the German Government and 
at Berlin, of which more hereafter. 



30 



CHAPTER III 

International Labor Conferences 

After the appearance of Em,peror William's rescripts, Bis- 
marck proceeded to communicate to the western European pow- 
ers, exclusive of Russia, Spain and Portugal, the last two of 
which were invited later, an invitation to send delegates to a labor 
conference at Berlin. The subject matter proposed for consid- 
eration referred to the work of women, children and young per- 
sons, Sunday labor, mining, and lastly the means best adapted to 
the execution of the measurers adopted. This program was noti- 
fied to Pope Leo XIII by Emperor William with the request 
that His Holiness lend his aid and sanction to the project. The 
Pope's reply ^ heartily endorsed the deliberations of a conference 
that might tend to relieve the condition of the worker, secure for 
him a Sabbath day's rest, and raise him above the exploitation 
of those who without respect to the dignity of his manhood, his 
morality or his home, treated him as a vile instrument. 

Conference of Berlin, March 15-2^, i8po 

The famous Conference convened March 15, 1890, at two 
o'clock in the afternoon in the Palace of the Chancellor. Four- 
teen countries were officially represented: France, Germany, 
Austria-Hungary,^ England, Holland, Spain, Switzerland, Nor- 
way, Sweden, Portugal, Denmark, Belgiurn, Italy and Luxemburg, 
The opening address of the session delivered by Baron Berlepsch,^ 
German Minister of Commerce, envisaged the menace that had 
arisen from industrial competition and justified the attempt to 
realize an accord between the governments to obviate the com- 
mon dangers of industrialism internationally unregulated. In 

^A.d. 1890. t. XXXV. p. 18-19. 

2 Austria and Hungary may be counted as separate States in respect 
of Labor Conferences and Conventions. 

^A.d. 1890. t. XXXIV. p. 270-271. 

31 



THE INTERNATIONAL PROTECTION OF LABOR 

the protocol finally adopted is to be found the result of the Con- 
vention's deliberations.^ The proposals made therein were for 
the most part approved unanimously, otherwise by a majority. 

As to the regulation of mines, it was held desirable gradually 
to make twelve years in southern countries and fourteen years in 
others, the age limit for the admission of children; to exclude 
the feminine sex entirely; to limit the length of a day's work 
amidst unhealthful environment impossible of improvement; to 
guarantee so far as possible the health and safety of miners and 
adequate state inspection of mines ; to qualify as mining engineers 
only men of experience and duly attested competence ; to render 
relations between operators and employees as direct as possible 
and conducive to mutual confidence and respect; to institute 
measures of relief and insurance against the consequences of dis- 
ease, accident, old age, and death; and measures preventive of 
strikes. Voluntary direct negotiation between employers and em- 
ployees was recommended as the preferable solution of industrial 
crises, with ultimate recourse in case of necessity to arbitration. 

The desirability of the prohibition of Sunday labor was ad- 
hered to with certain exceptions, e.g. : undertakings demanding 
continuity of production, or furnishing articles of prime neces- 
sity and requiring daily manufacture, or in case of enterprises 
functioning in special seasons or dependent upon the irregular 
action of natural forces. It was recommended that for such 
cases the governments provide a common basis of regulation by 
international agreement; and for the laborers involved, the rule 
of one free Sunday every other week was suggested. 

The resolutions to protect children stood for the exclusion of 
the two sexes from industrial establishments until ten years of 
age in meridian countries and until twelve years old in all others, 
with certain educational requirements prerequisite to such labor. 
It was further held that under fourteen years of age they ought 
not to be allowed to work nights nor on Sundays ; nor to exceed 
the limit of six hours of daily work, broken by a rest of at least 
one-half hour; nor to be admitted to unhealthful or dangerous 
occupations, save in exceptional cases where special protection is 
provided. 

*A.d. 1890. t XXXV. p. 175-178. 

32 



INTERNATIONAL LABOR CONFERENCES 

The advance in standards for the regulation of the night- 
work of young persons was shown by a draft convention adopted 
by the International Labor Conference of the League of Nations 
at Washington, D. C, 1919, which prohibited the night-work of 
young persons under eighteen years of age with the exception that 
young persons over sixteen might be employed in certain continu- 
ous industries such as iron and steel mills, glass works, paper fac- 
tories, etc. In case of occupations particularly dangerous or injuri- 
ous to health, as likewise in the matters of night, Sunday, and a 
maximum day's work, the conferees at Berlin directed special atten- 
tion to the need of safeguarding the interests of boys from six- 
teen to eighteen years old. The night-work of girls and women 
was condemned, as it had been repeatedly in previous assemblies. 
An international Convention to this effect since 1906 is the monu- 
ment to these efforts. The maximum workday recommended for 
females was to be of eleven hours' duration interrupted by a rest 
period of at least one and one-half hours. Among numerous in- 
ternational measures favored for the protection of health was 
one, not met with heretofore, decreeing that lying-in women 
should not be readmitted to work within four weeks after de- 
livery. 

A sufficient number of officials specially qualified, named by 
the government, and independent of employers and employees, 
constituted, according to the stipulations of the protocol, the 
proper machinery by which to superintend the execution of these 
measures in each State, and to report upon labor conditions. The 
compilation of these reports and annual inter-communication of 
the same by the governments, together with relevant labor statis- 
tics, texts of legislative regulations and administrative decrees 
on the subject, etc., were also advocated. 

The immediate result of the Conference of Berlin was disap- 
pointing ; its real aim, unaccomplished. Like previous and less im- 
portant congresses, it confined itself merely to. the expression of 
views and desires; no definite international conventions were 
formulated, or, indeed, outlined. Detractors found in its delib- 
erations further proof of the futility of the movement. But, 
however unsatisfactory were the results obtained and gloated 
over by opponents, the Conference was an index of the growing 

33 



THE INTERNATIONAL PROTECTION OF LABOR 

power of an ideal, and served to center attention upon it to an 
unprecedented degree. It was a step in advance and an important 
one. 

Supervening Events 

International labor legislation was the chief topic discussed 
at the socialist Congress of Brussels, August, 1891.* Switzer- 
land returned to the task of crystallizing opinion in favor of the 
movement, seemingly taking heart from the fact of the Berlin 
Conference. Her National Council addressed to the Federal 
Council a review of the importance of that event, the signifi- 
cance of Switzerland's role in the events leading up to it, and a 
historical exposition of the whole question with an optimistic 
forecast for the future. 

In 1892 the Federal Council introduced, through diplomatic 
agents at Berlin and Vienna, the subject of an international agree- 
ment regulating the industry of mechanical embroidery. The 
move had been suggested and sanctioned by workers and employ- 
ers of the industry, but it received a cold reception at the hands 
of the two powers approached and was dropped. In 1895 the 
Federal Council was invited by the Federal Chambers to take 
up again with the powers the general question of international 
labor regulation, but the Council did not believe the time pro- 
pitious for a new attempt. Its next step (1896) related to the 
possible establishment of an international bureau charged with 
gathering important labor statistics, the study and comparison 
of industrial legislation, and the dissemination of pertinent in- 
formation. Features of labor law, similar, dissimilar, or vv^orthy 
of imitation, might thus be borne home to state and interstate 
consciousness as in no other manner. The countries approached 
with this plan were: France, Denmark, Germany, Belgium, 
Sweden, England, Italy, Spain, Holland, Norway, Russia, and 
Austria. The replies in general gave plain inplication of reluc- 
tance or hostility; and so the project was given up for the time 
being. 

*In this period occurred the socialist Congresses of Zurich, 1893, and 
of London, 1896. 

34 



INTERNATIONAL LABOR CONFERENCES 

Congress of Zurich, August, 1897 

Then came the first international labor Congress of importance 
in which the United States of America was recognized as one of 
the powers represented- It was called by the Swiss Working- 
men's Society and was held at Zurich in 1897, the other nations 
represented being Switzerland, Sweden, Holland, Spain, Luxem- 
burg, Russia, Poland, Germany, England, Austria-Hungary, Bel- 
gium, Italy, and France. The program was similar in many re- 
spects to that of the Congress of Berlin and still further re- 
sembled this more famous predecessor by its failure to gef be- 
yond the stage of exchanging opinions and expressing views. 
The resolutions declared for Sunday rest, an age limit for 
child labor fixed at fifteen, either a day of eight hours 
or a week of forty-four hours for women and an eight-hour day 
for adults in general. In the matter of inspection, it recom- 
mended that women inspectors be appointed for works giving 
employment to that sex, and suggested that a special inspection 
corps might be instituted for agricultural enterprises employing 
machinery. Other propositions were discussed and their char- 
acter is easily recognized. They demanded that official recogni- 
tion be tendered to the offices of labor organizations; that the 
right of employees of both sexes and all classes to organize be 
respected, with violation of the same made punishable; that 
universal suffrage, equal, direct, and secret, be introduced in 
electing to all representative bodies so as to enhance the real in- 
fluence of the labor class in all parliaments ; that active propaganda 
be carried on by trade unions and. political organizations through 
such instrumentalities as conferences, publications, conventions, 
journals, and most important of all, the action of parliaments; 
and that international congresses be periodically organized to 
present to different parliaments concurrently proposals of the 
same law. The Congress importuned the Swiss Federal Council 
to reattempt the establishment of international legislation and 
further to prosecute its scheme of an international labor office; 
and at the same time evinced the fact that it is possible for radical 
Socialists and Catholics to make mutual concessions for the sake 

35 



THE INTERNATIONAL PROTECTION OF LABOR 

of harmony. The spirit of co-operation distinguished the deUb- 
erations of this meeting. 

Congress of Brussels, September -?/, i8g7 

The next conference of note assumed the title: Congress for 
International Labor Legislation. Many former delegates of the 
Berlin Conference were present. It could hardly be said, how* 
ever, to be official in character, as the greater number of mem- 
bers came of their own accord without official or governmental 
sanction. Some governments sent delegates; Germany, Belgium 
and France led in respect of the number of such representatives. 
Like the platform prepared originally by the Swiss for the inter- 
national conference projected by them and later abandoned to 
give place to the Conference of Berlin, the order of the day was 
interrogatory in form. This program asked for information con- 
cerning the evolution and modification of labor legislation among 
the various countries subsequent to the Conference of Berlin, 
inquired the situation of the different industrial States with refer- 
ence to certain resolutions of that Conference, and put various 
other questions as to whether international labor protection is 
possible and desirable, and if so, in what mieasure and under 
what form; what regulation if any, should obtain with reference 
to small industry and domestic industry ; what would be the util- 
ity and propriety of the concurrent adoption by all industrial 
states of the regulations imposed upon dangerous industries by a 
share of them, and found salutary in effect ; what the appropriate 
means of insuring the better execution of protective labor law, 
what should be the laws and duties of labor inspectors; and 
what, the desirability of establishing international reports be- 
tween labor offices and the compilation of labor statistics interna- 
tional in scope. 

That the preparation of such statistics would be of great util- 
ity seemed to be the universal sentiment of the delegates; but, 
although the establishment of an official international bureau for 
that purpose was advocated, there were some who opposed it in 
preferment of a private office. In consequence of this divergence 
of opinion, no decision was reached. The possibility of actual con- 

36 



THE INTERNATIONAL PROTECTION OF LABOR 

temporary international regulation of labor seemed by tacit recog- 
nition to have suffered general preclusion from the minds of the 
conferees. It was given comparatively slight attention. The 
conference was nevertheless another link in a chain of events 
leading on to the positive realization of international labor law ; it 
accorded a profound treatment to many of the questions in hand, 
and occasioned the production of a noteworthy monograph upon 
legislative principles in force, and centered the attention of econo- 
mists of all parties upon international phases of the labor move- 
ment. It also evoked from Mr. Henrotte, Belgian Chief of Labor 
Inspection, the proposal of the suppression of industrial poisons 
by international agreement, and the observation that a trial of 
such legislation might be conveniently made by the international 
prohibition of the use of white lead and white phosphorus. 

After the session, some of the delegates, evidently not satis- 
fied with the convention's work, appointed a committee of three 
to give to it some more practical result. This committee under- 
took to prepare the way for the establishment of an international 
labor association representative of all parties interested in the 
proper protection of labor, and for this purpose drafted statutes 
or a tentative constitution for such an organization. It also lent 
its aid to the collection of copies of protective labor laws and 
regulations in force, with the result that toward the close of 
1898, appeared Volume I of the Belgian publication, UAn- 
fi(iiaire de la legislation du travail, covering in French, the labor 
laws promulgated in the year 1897. Among the prominent sup- 
porters of this undertaking was Mr. Nyssens, Belgian Minister 
of Industry. 

In 1899 Baron Berlepsch to whom^ the proposed plan of an in- 
ternational association on labor legislation was familiar, met 
with economists and men of politics in Berlin to consider the 
proposition and examine the tentative constitution submitted by 
the committee. The statutes outlined were generally approved 
and twenty individuals were delegated to enter into relations with 
other nations for the creation of other committees in furtherance 
of the project. 

5E. B. I. (1-3), App. p. 150. (E. B.=Bulletin of the International 
Labor O&ice.) 

Z7 



THE INTERNATIONAL PROTECTION OF LABOR 

The principles stated in this proposed constitution were closely 
adhered to in the organization of a labor section in France, which 
infused more life into the movement by summoning interested 
parties to another international labor Congress at the time of the 
Paris Exposition of 1900. In the same year, the French Min- 
ister of Commerce, Mr. Millerand, made an unsuccessful attempt 
to bring about with Belgium negotiations on labor legislation- 
The incident reveals the status of governmental co-operation in 
matters pertaining to labor at this stage of the movement.' 

Congress of Paris July 25-29, igoo 

The following States sent delegates to the Congress of Paris: 
Holland, Russia, United States, Austria, Belgium, and Mexico. 
Many other countries were represented non-officially by promi- 
nent men and women. 

The representative of Italy, Signor Luzzatti, uttered on this 
occasion a significent declaration® with reference to labor con- 
ditions in his country. Said he : 

"I come from a country where industry is only just beginning 
to develop. I should be thankful if you could, by means of a 
compellare intrare, give us an impetus in the right direction of 
progress. I should be thankful if you could give to Italian work- 
men by international legislation that protection which national 
legislation does not afford them. 

"Decisive success can only b** attained by way of international 
legislation. I have often urged the prohibition of night- work in 
cotton mills ; the reply has always been : 'Willingly, but first let 
it be introduced in the neighboring states which compete with 
us. Try to bring it about by way of international legislation.' 

"I feel no doubt that in future, together with, or indeed sup- 
plementary to, our commercial treaties, we shall have labor 
treaties. In such treaties, we shall include provisions tending to 
level up conditions of exchange. 

"Finally, I feel I must give my opinion that all our attempts 
will remain lifeless if we are not capable of quickening them 
with the warmth of human solidarity. Especially in the realm of 

•Ibid. 

38 



INTERNATIONAL LABOR CONFERENCES 

social questions one is continually constrained to think of the 
beautiful saying that really fruitful thoughts spring always from 
the heart." 

These remarks found partial fulfillment in a pioneer labor treaty 
concluded between France and Italy four years later. 

The work outlined for the Congress consisted of the considera- 
tion of four things: the legal limitation of the length of the 
workday; the prohibition of night-work; the inspection of labor; 
and the formation of a union or international association for the 
legal protection of labor. In the discussions it was denied that 
any expectation was entertained of realizing by international 
agreement a Utopia of complete unification of protective law; 
it was rather expected that greater and greater similarity of such 
laws would gradually evolve; in determination of a maximum 
workday, it was declared that the consensus of opinion of past 
congresses seemed to favor a period of eleven hours under con- 
dition of its gradual reduction to ten hours; night-work, with 
the usual reservations, was severely condemned; labor inspection 
was defined as an essential institution capable of further develop- 
ment with respect to the establishment of permanent relations be- 
tween its corps in different countries, and of augmentation notably 
by the addition of penalties, the specialization of functions, and 
the inclusion of inspectors representative of the rank and file of 
labor. 

The creation of an official international ofifice was opposed as 
conducive to complications under the excessive burden of respon- 
sibility which would be imposed by the superintendence of politi- 
cal, industrial and commercial relations of international conse- 
quence; but a private office being deemed admissible and desir- 
able, the matter was resolved in this latter sense by providing 
for the formation of the: "International Association for the 
Legal Protection of Labor." ^ 

Thus at last, after twenty years of disappointing attempts to 
attain some practical result, there was conceived and brought 
forth a child worthy of the splendid cause whose name it bore — 

^The Association is frequently termed the "International Association 
for Labor Legislation." 

39 



THE INTERNATIONAL PROTECTION OF LABOR 

the International Association for the Legal Protection of Labor 
was born — destined to grow into the robust organization, which, 
through its International Labor Office and national sections, 
gradually extended its influence to every quarter of the globe and 
became responsible more than any other agency for the strides 
which were taken toward more effective international co-opera- 
tion in control and protection of industrial workers. To a com- 
mission of six wise men was entrusted the task of carrying out the 
active organization of the new Association. The body had for its 
presiding officer a Swiss delegate, Mr. Scherrer, lawyer and for- 
mer president of the Congress of Zurich; his colleagues were 
Baron Barlepsch, and Messrs. Cauwes, of the Law Faculty of 
Paris; Phillippovich, of the University of Vienna; Toniolo, of 
the University of Pisa, and Mahaim, at the University of Liege. 

The Association, as organized, was to be directed by a Bureau 
chosen by the Committee of delegates representing different na- 
tional sections ^ which were to be wholly autonomous bodies or- 
ganized in accordance with the desires of the nationals concerned 
and having their own separate programs. The only prerequisite 
to membership in the Association was acceptance of the principles 
of the legality and efficacy of intervention to regulate the relations 
of capital and labor. Support was derived from contributions and 
voluntary state subventions. A permanent International Labor 
Office with a regular salaried staff was established at Basel, Swit- 
zerland. By the Peace Treaty, 1919, an International Labor 
Office was incorporated in the International Labor Organization 
of the League of Nations. 

The Constitution of the Association called for the publication in 
French, German and EngHsh of a periodic review of labor legis- 
lation in all countries. The French and German publications date 
from the year 1902; the English, from 1906; they are respec- 
tively entitled : Bulletin de I' office international du travail, Bulle- 
tin des Internationalen Arbeit samtes, and Bulletin of the Inter- 
national Labor Office. These Bulletins gave, either textually or 

8 Each section was given its own official title; thus the American 
Section is the "American Association for Labor Legislation." 

It should be noted also that governments were invited to desig- 
nate one delegate each, who had the same rights in the Committee 
as other members. See Appendix II, Exhibit 10. 

40 



INTERNATIONAL LABOR CONFERENCES 

in resume, ]:he laws in force relative to the protection of labor in 
general, and of women and children in particular. They also con- 
tain historical expositions of these enactments as well as copies or 
digests of official reports and documents concerning their inter- 
pretation and execution. Here are to be found the facts, gleaned 
from all the industrial nations of the world, that made possible 
the effective comparative study of labor legislation so essential 
to all attempts to unify it. The Association summarized its aims 
under five principal headings : 

"i. To serve as a bond of union to all who believe in the neces- 
sity for Labor Legislation. 

"2. To organize an International Labor Office. 

"3. To facilitate the study of Labor Legislation in all countries, 
and to provide information on the subject. 

"4. To promote International Agreements on questions relating 
to conditions of Labor. 

"5. To organize International Congresses on Labor Legisla- 
tion." 

The work of this conference had direct and far-reaching con- 
sequences. In one country after another, national sections were 
quickly instituted. The section in Germany bore the title of 
"Society for Social Reform" and had as one of its principal aims 
the creation of an Imperial Labor Office. Local sections were 
established in Berlin, Leipzig, Dresden, and Hamburg. As for 
Austria, a section was organized in spite of the law prohibiting 
to societies international relations ; while in France, Italy, Holland 
and Hungary, similar sections were also created. The one in 
Switzerland boasted two hundred and thirty-eight members; 
Belgium, on the other hand, had to make up in quality what 
she lacked in quantity. Her limited membership was co-optated 
so as to preserve the organization's character of political neu- 
trality. 

First Delegates' Meeting of the International Association. Basel, 
Sept. 27-28, 1 90 1. 

These sections, excepting that of Hungary, soon were repre- 
sented at the inaugural meeting of the Association, known as the 
"Constituent Assembly of the International Association for the 

41 



THE INTERNATIONAL PROTECTION OF LABOR 

Legal Protection of Labor." This conference proceeded to define 
the functions of the International Labor Office in contradistinc- 
tion to those of the International Association, enumerating among 
the tasks primarily incumbent upon the former the scientific in- 
vestigation and comparison of national legislative enactments and 
the solution of the various problems inherent in dangerous and 
unhealthful occupations, the night-work of women, and the use 
of poisons, especially lead and white phosphorus in manufacturing 
processes. But a few years later, the use of whifc phosphorus in 
the manufacture of matches was prohibited by international 
agreement. It was desired also that the Office pay special atten- 
tion to employers' liability and methods of insurance against 
accidents and diseases, especially in their relation to imported 
labor. A careful study of the acts of these congresses reveals 
the fact that in their resolutions and discussions have been laid 
the foundations for every important labor law that has since 
been internationally enacted. The principle of the equal treat- 
ment of foreigners and citizens before the social insurance laws 
of a realm was destined to have a notable carer. 

Another subject touched upon in the discussion of certain of 
the delegates and destined to assume larger proportions in later 
years, was that of regulating traffic in young Italian, laborers, 
which was an evil particularly prevalent in France. 

Second Delegates^ Meeting, Cologne, Sept. 23-24, 1902. 

The next year witnessed at Cologne the Second Delegates' 
Meeting of the Association. Forty-four delegates from twelve 
national sections besides twenty-one official delegates of eleven 
European powers, constituted an attendance that was very en- 
couraging in contrast with the official representation accorded 
by only four powers in the year previous. The Assembly con- 
fined its labors chiefly to tv/o topics; i. e., the night-work of 
women and the use of the poisons, white phosphorus and lead, m 
industry. The principal obstacle encountered in the diagnosis 
of the first question was the disagreement as to just what excep- 
tions, if any, to the general prohibition of night-work to females 
were feasible. In disposing of this matter, the convention re- 
sorted to the expedient of appointing a commission to discover 

42 



INTERNATIONAL LABOR CONFERENCES 

if possible by scientific analysis of the variant factors entering 
into that problem, the measures best adapted to the effective 
prohibition of such labor and the progressive suppression of 
exceptions to the same. Similar provision was made for the 
investigation of measures by which to abolish white phosphorus 
from industry and suppress, in so far as possible, the use of white 
lead. As a means to this end, it was resolved to bring pressure 
to bear upon state and local authorities for the elimination of 
the use of lead in establishments under their jurisdiction. In the 
following year occurred the publication of the investigations 
(Jena, Gustav Fischer) under the. titles. Night-Work of Women 
in Industry and The Unwholesome Industries. 

French and Italian delegates at the meeting entered into 
informal negotiations upon the subject of a Franco-Italian Labor 
Treaty,® but nothing was definitely decided In the matter at this 
time. 

Commission Meeting at Basel, Sept. 9-1 1, 1903. 

The commission to whom the task of making the above re- 
searches had been assigned, met for conference in Basel in 1903. 
In order to arrive at some real and practical outcome of the much 
mooted questions of twenty years concerning the night- work of 
women, it besought the Swiss Federal Council to invoke the 
^ nations to acquiescence and participation in another International 
conference whose aim It should be to see this evil put under the 
ban of effective international prohibition. This prohibition, in 
the mind of the committeemen, ought to find exception in case 
of such unavoidable exigencies as fire, flood, explosion, imminent 
or unexpected accident, or impending loss of perishable prod- 
ucts such as fruit or fish. In dealing with the subject of indus- 
trial poisons, the commission made known to the Swiss Federal 
Council its desire to have it undertake the necessary diplomatic 
action to occasion an International conference before which might 
be laid the question of prohibiting by international convention 
the use of white phosphorus In the match industry. The regula- 
tion of the use of white lead and Its compounds was deemed a 
subject also worthy of treatment by such a conference; more- 

» G. "^.-Bulletin des Internaiionalen Arbeitsamtes Bd. Ill, S. x. 

43 



THE INTERNATIONAL PROTECTION OF LABOR 

over, it was held to be the place of the national sections to 
pursue energetically the elimination of the use of lead products 
in public and private painting works. 

The response of the Federal Council to these overtures was 
cordial and now about fifteen years after the Berlin Conference, 
it proceeded to extend to the various powers an invitation for 
another international conference. Their reply was in general 
very favorable; and thus it came about that the Swiss Circular 
Letter of Dec. 30, 1904/^ issued a summons that was destined 
to congregate behind closed doors the representatives of fifteen 
European countries for a nine days' consideration (May 8-17, 
1905) of the international problems of labor. Several other 
notable events, however, occurred in 1904, before this confer- 
ence, the date of which, it will be noticed, was set for the spring 
of the following year. 

On April 15, 1904, France and Italy had signed the first of a 
series of treaties looking toward reciprocal protection of laborers 
of the one country within the territory of the other. The exam- 
ple thus set was so generally followed as to create in interna- 
tional diplomacy an important departure, which will receive ex- 
tended treatment in a following chapter. 

Third Delegates' Meeting, Basel, Sept, 26-2';, 1904. 

In the same year occurred the third general assembly of the 
International Association, convened at Basel, with ten powers 
officially represented besides the usual delegations from national 
sections. The program presented five principal topics for con- 
sideration, viz. : the material and financial resources of the Inter- 
national Office; the prohibition of industrial poisons; the regu- 
lation of the night-work of women and young people; the rela- 
tion of labor legislation to home labor; and lastly the problems 
of social insurance. The five questions were assigned to as many 
different committees, which proceeded to consider and report 
upon them. 

The first committee reported a deficit in the treasury of the 
International Office, and asked new subsidies from the States 
to meet the need. 

10 G. B. Bd. Ill, S. 442. 

44 



INTERNATIONAL LABOR CONFERENCES 

The committee on industrial poisons was elated over the fact 
that anonymous philanthropists had donated 25,000 francs as 
prize money to be distributed to those who in competition sug- 
gested the best methods of overcoming the dangers of lead 
poisoning. The committee maintained that the question should 
be studied with reference to each industrial group by which 
lead was used, e. g. : manufactures of lead colors, painting estab- 
lishments, makers of certain electrical instruments, the poly- 
graphic industry, plumbing, stone cutters, dyers, etc., in order 
that there might be worked out for each group the restrictions, 
regulations, or prohibitions necessary to guard the well-being 
of the laborer. In the painting industry, for example, it urged 
severe measures to coerce in all instances possible, the substi- 
tution of less harmful materials for lead products. And finally, 
in concluding its resolutions, it recommended, as a preliminary 
measure for effective resistance to the employment of industrial 
poisons in general, a careful classification by experts of all such 
poisons upon the basis of the seriousness of the disease produced 
by each and the wide publicity of the list when completed. 

The third committee did not fail to find in the theme of night- 
work of young people abundant material out of which to con- 
struct a laudable program of investigation. 

The fourth committee desired each national section to study 
and report upon certain designated phases of the problems inher- 
ent in home labor and its relation to labor legislation. The subject 
of the investigation of home industries had been suggested at 
the meeting of the special commission in Basel the 3^ear before. 

The fifth committee was charged with the examination of the 
topic of industrial or social insurance. The principles sanctioned 
by the assembly held that insurance law applicable in a given 
case ought to be that of the place of the undertaking giving 
employment, and that distinctions should not be drawn between 
beneficiaries of social insurance "because of their nationality, 
domicile, or residence. The national sections were asked to 
furnish the- Bureau, before the next general assembly of the 
Association, reports that would throw light upon the means of 
putting these principles Into operation In each country, and 
internationally. The position taken by the conference upon this 

45 



THE INTERNATIONAL PROTECTION OF LABOR 

point is noteworthy. Here was bold adherence to the position 
that the topic of workmen's insurance and the right of the 
laborer to indemnity if incapacitated by accident, did not confine 
itself to the domain of private law and so by its very nature 
exclude itself from international treatment. The question of 
the equality of foreigners and citizens before insurance law had 
been for a long time a debated issue: the solution which it was 
gradually approaching is indicated by the fact that in this same 
year, 1904, Italy signed three treaties with as many governments, 
in each of which it was mutually agreed, in respect of accident 
insurance, to investigate the means of bringing into practice the 
reciprocal protection of citizens of one country working in ter- 
ritory of the other. That this principle is wholly susceptible of 
application has been amply proved since by a succession of trea- 
ties on the subject. 

Before adjourning, the assembly extended to the sections an 
invitation to include among their studies a special investigation 
of the question of the limitation of the length of the workday. 

Bern Conference, May 8-17, 1905. 

In the rnonth of May 1905, occurred the first of the two fa- 
mous assemblages at Bern, in which a majority of the powers of 
Europe took practical steps toward the concurrent incorporation 
of labor law into international conventions. We mention the 
fact here merely in its chronological order, as a succeeding chap- 
ter is devoted to the epoch-making transactions of the assembly 
and that which was its sequel. 

Seventeenth Miners^ International Congress. June 5-8, 1906. 

Apart from congresses proposedly convoked in behalf of the 
principle of international protection, the subject has been con- 
sidered in the international meetings, too numerous for detailed 
discussion at present, which trade unions, philanthropic societies, 
political parties, and various other organizations, have been con- 
stantly holding. An important example is that furnished by the 
Seventeenth International Congress of Miners, held in London 

46 



INTERNATIONAL LABOR CONFERENCES 

in 1906.^^ The delegates desired that pressure be brought to bear 
upon governments so as better to safeguard the life and limb of 
members of their vocation. Their resolutions indicated their nu- 
merous wants, which were in brief : mine inspectors chosen from 
among the workmen and paid by the State ; the prohibition of fe- 
male work, as well as that of children under fourteen, and of 
youths under sixteen in underground works ; an eight-hour work- 
day for underground operations ; a minimum wage and the con- 
trol of wages by the delivery to the miners of every colliery of a 
duplicate pay book; old-age pensions at fifty-five; the extension 
of workmen's insurance to provide unconditionally a sufficient 
allowance for incapacitated miners and likewise for heirs of 
workmen who have died. 

International Diplomatic Conference at Bern. Sept. 17-26, 1906. 

Three months later there was held the second of the Bern 
Conferences, as a result of which the prohibition of the indus- 
trial night-work of women and the interdiction of the use of 
white phosphorus in the manufacture of matches were enacted 
into law by a large proportion of the nations of Europe and 
their dependencies throughout the world. 

Fourth Delegates' Meeting. Geneva, Sept. 27-29, 1906. 

It had now been two years since the International Association 
for the Legal Protection of Labor had held an official confer- 
ence; it convened on Sept. 26, 1906, the fourth assembly of the 
series at Geneva with seventy-eight delegates present and ten 
nations officially represented. Since its last meeting four new 
national sections had been added, making a grand total of twelve 
such branches of the organization. The additions were : 

(1) British Section established in 1904; 

(2) American Section established in 1906; 

(3) Danish Section established in 1906; 

(4) Spanish Section established in 1906. 

The financial status of the Association was found to be excel- 

, 11 £. B. Vol 1, (4-8). pp. 229-230. 

47 



THE INTERNATIONAL PROTECTION OF LABOR 

lent, expenses being more than met by generous contributions and 
state subventions. Standing at the head in this respect, as in 
all phases of the movement, has been Switzerland, which in 
the years 1904-1907 contributed over seven thousand francs 
more than its nearest rival, Germany, and over fifteen thousand 
more than its next nearest rival, France. The following table 
indicates the amounts contributed by the various States within 
that time: 2 

1904 1905 1906 1907 Total 

/. /. /. /. /. 

Germany 7.386 7.374 9.800 10.000 34.560 

Austria 3.000 3.125.65 3.122 5.000 14.247.65 

Belgium .... 2.000 2.000 4.000 

Denmark .... 687.29 700 1.387.29 

United States 1.033.75 1.000 1.000 1.000 4.033.75 

France 5.000 3.750 9.000 9.000 26.750 

Hungary 4.716.98 3.000 3.000 10.716.98 

Italy 1.000 2.000 2.000 2.000 7.000 

Luxemburg 400 500 500 500 1.900 

Norway .... 688.30 700 1.388.03 

Holland 4.151.10 4.137.95 4.139:75 4.150 16.578.80 

Sweden .... 4.035.20 1.000 5.035.20 

Switzerland 10.000 10.000 9.999.70 12.000 41.999.70 



Total 31.970.85 36.604.58 46.972.24 53.050 169.097.67 

The sum of four thousand francs was voted to aid in the pub- 
lication of an English version of the Bulletin of the International 
Labor Office. The subsidy was accorded for two years only and 
on condition that supplementary expense be met by the national 
sections. Since 1906 the English Bulletin has made its regular 
appearance concurrently with the French and German editions. 

The assembly followed the custom of dividing itself into sec- 
tions, to each of which some special topic was assigned; the chief 
subjects designated for consideration were: 

(1) Child labor. 

(2) Industrial poisons. 

(3) Night- work for young persons. 

(4) Maximum duration of workday. 

^2 See L. Chatelain, La Protection internationale ouvriere, p. 153-158. 

48 



INTERNATIONAL LABOR CONFERENCES 

(5) Home work. 

(6) Insurance. > 

The resolutions adopted by the meeting authorized the Bureau 
of the Association to tender thanks in the name of the Association 
to the various governments which signed the Bern Conventions, 
and to congratulate the Swiss Federal Council upon the notable 
outcome of its efforts; they also called upon the sections to in- 
form the Bureau as to Hhe measures decreed in each country in 
execution of labor legislation, and recommended the issuance of 
a questionnaire by the Office to obtain information with which 
to elaborate a comparative report on the subject; moreover, both 
the Office and the sections were besought to undertake a sim- 
ilar task in the further investigation of the question of child labor. 

Upon the topic of the night-w^ork of young workers, the resolu- 
tions specified eight particular points : the general prohibition of 
such work to young persons under eighteen ; its absolute prohibi- 
tion up to the age of fourteen; exceptions above fourteen in 
cases of necessity; e.g., in industries where materials are subject 
to deterioration and loss; its total prohibition in public-houses, 
hotels, and sales establishments; the provision for a minimum 
night's rest of eleven hours including in every case the hours 
from 10 p. m. to 5 a. m. ; the permission to make certain reserva- 
tions in accomplishing the transition from old to new regulations ; 
the desirability of seeing the serious enforcement of inspection; 
the institution of a commission to investigate the ways and means 
of realizing the above and to report upon the same within two 
years, each section having the privilege to nominate two dele- 
gates for the commission and to designate such experts from 
among employers and employees as ought to assist in the delib- 
erations. Of such nature were seven laudable propositions ad- 
vanced with no suggestion of the means of their execution in evi- 
dence, save the eighth, which merely provided for the appoint- 
ment of a commission further to investigate the matter — 
being "the substance of things hoped for and the evidence of 
things not seen." Nevertheless, faith wrought works in the mat- 
ter as will appear later. 

The maximum duration of the workday was Heemed to be a 
subject upon which definite conclusions should be reached for the 

49 



THE INTERNATIONAL.PROTECTION OF LABOR 

conservation of the physical well-being and proper moral stand- 
ards of employees. As a means to this end and to be in a way 
to pronounce upon the utility of international conventions upon 
the subject, the Bureau was called upon to institute inquiries 
upon the length of the workday and the effects realized by its 
reduction among different peoples. 

With regard to home labor, the sections were urged to request 
measures of their governments with the aim of compelling em- 
ployers to register home workers connected with their industry 
and to give precise information as to the scale of wages in op- 
eration. Means were then to be adopted to insure wide publicity 
to such information. The extension of labor inspection and so- 
cial insurance to home work, the vigorous application of health 
regulations to unsanitary conditions in which such labor 
might be found to occur, the effective organization v/henever 
needed of professional unions, social leagues of purchasers, etc. 
— were all measures recommended by the resolutions upon the 
topic. Further, the Bureau was charged to ascertain, in colla- 
boration with a subordinate commission, the branches and the 
conditions in each country of industry in the home whose prod- 
ucts entered into the competition of the world market, and the 
divisions of such industry most urgently demanding reform in re- 
spect of excessive length of the workday, especially for women 
and children, insufficient wages, periodic unemployment, and the 
want of insurance against sickness. 

Upon the subject of industrial poisons, the Office was urged 
to facilitate the execution of the measures recommended at the 
third assembly of the Association, and to have the sections ap- 
point specialists to make necessary inquiries and prepare, before 
Jan. I, 1908, reports on better means of combatting lead poison- 
ing in the manufacture and use of lead colors both in the ceramic 
and polygraphic industries. These reports were to be sent to the ' 
International Office. The national sections were further urged 
to report before March i, 1908 on the prohibition of the use of 
lead colors, indicating for each country whether the interdiction 
had been pronounced by a law or by an administrative measure 
and whether it applied only to public works or especially to pri- 
vate works, and also the consequences of such prohibition as well 

SO 



INTERNATIONAL LABOR CONFERENCES 

as the results which had been attained by the use of leadless col- 
ors. The Bureau was also to appoint a commission of three ex- 
perts to make out, from the lists furnished by the experts whom 
the .sections had appointed, a final list of the more important in- 
dustrial poisons classified in the order of the seriousness of the 
malady they caused. This was in execution of a measure re- 
solved at the assembly two years before; the whole question, 
aside from the Bern Conventions, seemed to stand just about 
where it had stood then. 

The hope was expressed that the powers not adhering to the 
Bern Convention prohibiting the use of white phosphorus in the 
match industry would see their way clear to do so, and the sec- 
tions were charged to labor with all their might for such prohi- 
bition. 

The resolution on workmen's insurance stood upon the prin- 
ciple of the equality of foreigners and nationals before the law; 
the Association intimated its dependence upon the reports of the 
sections to ascertain to what degree it would be possible to real- 
ize this equality in insurance regulation by international agree- 
ment. It had already been partially realized by accident insur- 
ance treaties between Luxemburg and Belgium (April 15, 1905) ; 
France and Belgium (Feb. 21, 1906) ; France and Italy (June 9, 
1906) ; France and Luxemburg (June 2y, 1906) ; also in voluntary 
national enactments; e.g., those of the German Federal Council 
under dates of 1901, 1905, and 1906. The formation of inter- 
national treaties and conventions, the modification of existing law 
and the passage of new law, were advanced as possibilities to be 
duly considered and striven for in so far as they promoted the 
application of this principle: for Its realization in national law 
would be a step toward its incorporation into international law. 
Reports were to be made by the sections at the next meeting upon 
various phases of the subject. 

The Information furnished the Association by the different na- 
tional sections especially with respect to the enactment and exe- 
cution of labor law in pursuance of international agreements, 
could, under the skillful manipulation of the Bureau, be made 
to partake of the nature of a sanction; such at least seemed to 

51 



THE INTERNATIONAL PROTECTION OF LABOR 

be the hope of the assembly. The Association did not believe 
the time had as yet come to launch more international conven- 
tions ; for, not only had those just signed at Bern yet to be fully 
tried but the agitation of the foregoing problems had yet to be- 
come of sufficient extent and intensity to warrant such a step. 
The delegates were too wise to forget that history is replete with 
instances where through ill advised haste devotees have wrought 
the ruin of some noble cause they sought to serve. Besides, the 
ground needed to be more carefully prepared, the questions more 
thoroughly analyzed, the whole movement more genuinely popu- 
larized, to make secure and safe another great advance, like that 
of the Bern Conventions, toward the international regulation of 
industry and labor — a consummation, as deemed by many of its 
advocates, of vital import not only to national industrial peace, 
but also to the international peace of the world. 

Results of the International Prize Contest Concerning Lead 

Poisoning. 

Shortly after the adjournment of this assembly occurred the 
announcement of the results of the prize contest which had been 
inaugurated by virtue of the contribution by anonymous 
philanthropists of 25,000 francs to be awarded to those who 
should produce the best treatises upon the subject of the preven- 
tion and suppression of plumbism. Announcement of this con- 
test had been made by the commission on industrial poisons at 
the third meeting of the Association (1904), and the conditions 
of competition had been published June 10, 1905. Altogether 
sixty- three monographs arrived at the Office, some of which 
proved to be worthy of wide circulation and made valuable con- 
tributions to the movement for overcoming the evils resulting 
from the use of white lead and its compounds in industry. The 
decision of the judges did not award any prize to two works oa 
the means of avoiding poisoning at the time of the treatment of 
mineral of lead or of minerals containing lead. It was proposed, 
however, to purchase a work entitled, Margenstunde hat Gold 
im Munde. Of a dozen works on the means of suppressing the 
dangers of lead in lead foundries, two were awarded prizes which 
together amounted to 12,500 francs. These treatises were en- 

52 



INTERNATIONAL LABOR CONFERENCES 

titled. Wo ein Wille ist, ist auch ein Weg, and UHomme n'est 
past fait pour Vindustrie, mats an contraire, Vindustrie pour 
rhomme. The office proposed the purchase of works on the 
subject carrying the titles: Gesimdheit ist Reichtum, and Die 
Hygiene sei die Freundin des Gewerbes. No prize was awarded 
to any of a dozen works on means of avoiding toxication in the 
chemical use of lead in the manufacture of lead colors, accumu- 
lators, ceruse, and in similar industries. Two works entitled: 
Quod felix faustum fortunatumque sit, and Die Humanitdt 
ein zug imseres Herzens, received a prize of 937 francs each, 
from out the number of eight or ten competitors, all of whom 
treated the general topic of preventing lead poisoning in the in- 
dustries of whitewashing, painting, varnishing, etc. A prize of 
1,250 francs went to a work entitled, Vae soli, and two other 
awards of 937 francs each, to two essays entitled Durch Nacht 
zum Licht, and Eile mit Weile. These last three prize winners 
belonged to the category of dissertations which treated of pre- 
ventive measures in establishments employing great quantities of 
lead or lead composition; e.g., type foundries. Numerous other 
contributions were proposed for purchase or given honorable 
mention. In no case however, did the International Office assume 
responsibility for the suggestions made or conclusions reached by 
the authors; it did proceed to give publicity to such of their 
contributions as were deemed worthy and valuable. 

International Congress on Unemployment. Milan, Oct. 1-2, igo6. 

The first International Congress on Unemployment,^^ held at 
Milan, Italy, in 1906, undertook, as its main task, to devise means 
for rendering unemployment less acute, without attempting to do 
away with it altogether; and therefore, it omitted in its resolutions 
to deal with the primary causes of unemployment, and went on to 
enumerate the most important factors requisite to combat the evil, 
e.g. : the determination of standards by which to regulate hours of 
work, wages, and contracts of labor; the more equitable distri- 
bution of labor within different groups; greater co-operation 
among all forms of labor; and the application of the doctrine 

i«£. B. I, (4-8), p. 322. 

53 



THE INTERNATIONAL PROTECTION OF LABOR 

of intervention by state and local authorities. To facilitate such 
intervention, recommendations were made to require of all in- 
dustries a periodic, statistical report of work and unemployment; 
to establish an international employment bureau and free public 
employment agencies in every center of population; to provide 
either optional or compulsory insurance against unemployment, 
supported by contributions from the State, employers, and work- 
men ; to accord to labor ready access to credit, particularly for the 
co-operative acquisition of land; and to furnish, through local 
branches of the government, subsidies to employment bureaus es- 
tablished by workers. Of these resolutions, the one touching 
upon an international employment bureau was without doubt 
most worthy of immediate consideration and potentially capable 
of most far-reaching and helpful results. The scientific adjust- 
ment of the supply and demand of the labor market predicates im- 
mediate relief for all parties concerned; i.e., the State overcharged 
with labor, employers undersupplied, and workingmen unem- 
ployed. An International Association on Unemployment was 
organized in 1910. 

Eleventh International Conference on the Weekly Day df Rest. 
Milan, Oct. 2p-^i, ipo6. 

Another international assembly followed close upon the heels 
of the Congress on Unemployment. This Conference concerned 
itself with the topic of weekly •cessation of toil, laying down, as 
of general obligation, the observance of Sunday as a day of 
rest.^* This would include Sunday rest for newspaper employees, 
and fifty-two days of rest annually, falling on Sunday as often 
as possible, for post-office employees. For countries where such 
regulations do not exist, the following reforms were recom- 
mended: only one postal delivery on Sunday, excepting express 
deliveries; non-delivery of postal, collection, and payment in- 
structions, legal documents, and bankruptcy notices, and postal 
packets (notification to be given consignees of the arrival of 
packets containing perishable goods or marked for immediate 
delivery, leaving it for them to call for such within prescribed 

i*£. B. I, (9-12) pp. 604-605; 612-615. 

54 



INTERNATIONAL LABOR CONFERENCES 

post-office hours) ; and limitation of the opening of post offices on 
Sunday to two hours, preferably in the forenoon. 

For telegraph, telephone and customs service, the resolutions 
stipulated a rest of sixty-five days per year for the staff, includ- 
ing thirty-nine Sundays or single days plus two vacations of 
thirteen consecutive days each; an international agreement per- 
mitting the sending of telegrams on Sunday only in special cases, 
with rates for either telegraphic or telephonic messages on that 
day made twice as high as on other days ; and for occupiers of 
small offices, a salary sufficient to enable them to hire substitutes 
for a certain number of Sundays per year; and the adoption, 
for employees in general, of the principle of at least fifty-two 
free days annually, one-half of which fall on Sunday. 

With reference to railway and merchant service, the last men- 
tioned principle was advocated under the condition that single 
days of dominical rest would at least be made as numerous as 
possible. As a means to Sunday rest, the authorities concerned 
in the different countries were invited to decree the closing of 
freight stations except for the delivery of live animals ; the limi- 
tation o*f the number of freight trains to the necessary minimum 
and their operation only in pursuance of great pressure of traf- 
fic ; no obligation on the part of transportation officials to deliver 
shipments (the consignees being notified and privileged to call 
for such consignments, especially if of perishable nature) ; the 
abrogation of all claims for non-delivery of goods on Sunday; 
the governmental designation of holidays to be reckoned in lieu 
of Sundays ; the discontinuance of labor pertaining to workshops, 
street repairs, the construction of large tunnels, and other build- 
ing operations, except in cases of emergency; the extension of 
the benefits of holidays, in so far as possible, to employees of the 
merchant service as well as to dock and harbor hands, even if 
ships are in port and suspension of their unloading is thereby 
necessitated. 

One of the resolutions also called for Sunday rest in the army 
and navy to the degree that circumstances would permit, pa- 
rades being scheduled for other days. 

The Conference did not wish to be understood as limiting in 
any degree the general obligation of Sunday rest, although it dealt 

55 



THE INTERNATIONAL PROTECTION OF LABOR 

with the subject from the industrial standpoint particularly; but 
instead of thereby implying that its observance was to be made 
co-terminous with the limits of industry or manual labor merely, 
it rather emphasized that such rest constituted an obligation co- 
extensive with every class and order of society ; at the same time, 
it did not fail to recognize that beyond this obligation were 
duties within which justifiable exceptions fell; to illustrate: 
in some instances Sunday rest might be impossible where weekly 
rest would be possible ; e.g., on Saturday ; in such case, next to the 
obligation of providing Sunday rest would come the duty of pro- 
viding for weekly Saturday rest, which, while constituting an 
exception to the principle of dominical rest, would nevertheless 
be the next best thing to it, if not equally salutary ; it was frankly 
recognized, however, that circumstances were bound to exist 
which would preclude any solution of this character, and would 
thus make necessary the invention of other equivalents of heb- 
domadal rest. 

Third International Congress on the Cultivation of Rice. Pavia, 
Oct. 2'/'2g, ipo6. 

At Pavia, Italy, at almost the same time, the Third Interna- 
tional Congress on the Cultivation of Rice included in its reso- 
lutions the decision that joint committees representing capital 
and labor were necessary for the settlement of inevitable indus- 
trial conflicts. ^^ 

Second International Peace Conference at The Hague, August, 

1907 

In the course of the following year, the Portuguese Delegation 
at the Second International Peace Conference at The Hague 
proposed to replace Article Sixteen of the Hague Conventions 
with a new Article, by which, among other things, disputes with 
respect to the interpretation or application of international labor 
agreements would in all cases be subject to compulsory arbitra- 
tion as a last resort ; in other words, such agreements would be 

« £. B. I, (9-12) p. 604. 

56 



INTERNATIONAL LABOR CONF'ERENCES 

outside the purview of that section (Section i6A, of proposed 
article replacing Article i6) which in reality made each nation 
the final judge of what it would submit to arbitration, and which 
read as follows: ". . . it is the exclusive function of each con 
tracting power to determine whether any difference which has 
arisen affects their essential interests or their independence and 
accordingly, whether such dispute is of such a nature that it is 
excluded from arbitration." ^^ The proposal of the Delegation 
was not. adopted. 

As long as nations reserve the right on every question to de- 
termine whether or not it so affects their national interest or 
honor as to preclude its arbitration, the way is clear for them 
to find In every dispute elements that waive the obligation of 
arbitration;! for there can be no difference of opinion important 
enough to make arbitration desirable that cannot be construed by 
one of the parties as a menace to its national interests or inde- 
pendence if it has the inclination to do so.^^ But unlike disputa- 
tions in ths realrd of politics, labor contentions are not apt to be 
of a character intrinsically involving fine points of national 
honor. An agreement between nations to submit, when all 
other peaceable attempts fail, differences arising out of labor con- 
ventions to compulsory arbitration, would certainly be a notable 
step In advanciL'. The arbitration would be rendered compulsory 
by the species of the agreement in dispute. Should an award of 
a tribunal on such a question be found to consign a nation to 
extinction, "is it not reasonable to suppose that the victim would 
still find just as great opportunity to undertake means for self- 
preservation as would have been the case had it not submitted the 
matter to arbitration in the first place? 

Fifth Delegates' Meeting. Lucerne, Sept. 28-30, ipo8. 

The Fifth Delegate^ Meeting of the International Association 
for Labor Legislation was held at Lucerne. Its discussions con- 
tinued and enlarged upon those of the previous meeting. The fact 

^^E. B. II, (3), p. 428. (See Scott. The Hague Peace Conferences, I, 
pp. 337, 349, 385. 

17 See J. B. Moore, "The Peace Problem," The Columbia Univerrity 
Quarterly, Vol. XVIII, No. 3, June, 1916, pp. 222-223. 

57 



THE INTERNATIONAL PROTECTION OF LABOR 

that its deliberations dwelt upon the prohibition o£ the night- 
work of young persons and the limitation of the day-work of 
women is significant since these principles were in a few years 
(1913) to form the basis of outlines for new international con- 
ventions. A new topic specifically introduced was that of recom- 
mending and defining an eight-hour shift for workmen in coal 
mines. The succeeding assembly in 1910 dealt with the same 
matter and defined the length of such a shift as extending from 
the time when the first man left the surface to descend into the 
mine until the time when the first man completed his return to the 
surface at the conclusion of a day's work. 

The resolutions drawn up at the previous meeting in 1906 
on home-work were reaffirmed. The wretched conditions en- 
vironing that work were attributed chiefly to the Insufficient 
wages paid, and it was decided to study the question of the or- 
ganization of committees on minimum wages or wages boards 
to solve the difficulty. The question of international negotiations 
with reference to the regulation of labor in the embroidery trade 
was also considered, as were the problems of suppressing the use 
of lead paint in interior finish and restricting the employment of 
lead glazes in the ceramic industry. Other matters that were 
discussed included the protection of workers in polygraphic 
trades and in caissons, the preparation of the list of industrial 
poisons, and the treatment of foreigners in case of accident. The 
resolutions on these subjects, on that of child labor and other 
topics, were confirmed in subsequent assemblies, whose resolu- 
tions summed up all of importance included in those of this as- 
sembly, added thereto and conduced to more practical results. 

Between the years 1907- 1909, the international movement 
seemed to lag. In the year 1906 it had reached a high-water mark, 
but thereafter practical results failed to follow in as rapid succes- 
sion. Even the English Bulletin of the International Labor Office 
seemed to shrink. Signatories of the Bern Conventions were 
tardy in ratifying them. No important labor treaty was 
signed in the year 1908. By 1910 however, it had become 
evident that the Bern Conventions were going to be a success; 
and all phases of the movement received a vigorous treatment 
at the Sixth Delegates* Meeting held at Lugano in that year. 

S8 



INTERNATIONAL LABOR CONFERENCES 

Sixth Delegates* Meeting. Lugano, Sept. 26-28, ipio. 

Sixteen sections and thirteen States were represented, mak- 
ing an attendance of about one hundred and twenty persons. The 
delegates of the American Section were Dr. and Mrs. John B. 
Andrews, Prof. Farnam, Dr. L. K. Frankel, and Dr. Helen L. 
Sumner. Commissioner Charles P. Neill represented the Federal 
Government. From Canada there was present Hon. W. L. 
Mackenzie King, Minister of Labor. 

The constitutions of two new sections in Sweden and Norway 
respectively were approved. 

The usual procedure of separating into committees for the 
consideration of special topics was followed. The discussion of 
subjects introduced in former assemblies, related in part to in- 
dustrial poisons, home work, the maximum workday, the prin- 
ciple of the equal treatment of foreigners and citizens in respect 
of social insurance, the methods of administering labor law, 
and child labor. Detailed codes regulating the hygienic condi- 
tions of work in ceramic industries, printing shops and type foun- 
dries and in caisson work, were adopted, together with resolu- 
tions advocating wage boards regulative of home work and 
similar to these provided by the British Act of 1910. The trade 
of machine-made embroidery where carried on as a home indus- 
try, received special attention in matters pertaining to the regu- 
lation of working hours. The most important steps taken re- 
lated to measures for incorporating into international conven- 
tions the prohibition of night-work of young persons and a 
tiniversal ten-hour standard by which to delimit their day work 
as well as that of women. A Conference to this end met in 
1913. The American section was urged not to abate its efforts 
among the various states to bring about the passage of health 
and accident insurance laws without the discrimination against 
alien workers that had unfortunately occurred in several States. 
The International Office presented proofsheets of its first com- 
parative report on measures adopted in European countries to en- 
force labor law. As for statutes on child labor, a commission was 
appointed to prepare a report on the comparative methods of 
executing the same in the several countries. 

59 



THE INTERNATIONAL PROTECTION OF LABOR 

Topics newly introduced for consideration included labor holi- 
days, the protection of railway employees and the prevention of 
accidents, and co-operation with the International Association 
on Unemployment and the Permanent Committee on Social In- 
surance. The question of the reduction of the usual twelve- 
hour day in continuous processes was made a subject for special 
investigation. At the next Delegates' Meeting in 1912, recom- 
mendations on the matter were precise and definite as the result 
of a conference that had been held shortly before (June, 1912) in 
London by the commission appointed to investigate the subject. 
Mr. John Fitch was the American delegate at that conference. 

Inasmuch as divers operate in foreign waters and on ships of 
foreign nations, their trade also was deemed a proper one for 
international regulation. Investigation of this possibility was 
provided for; but up to the time of the next meeting (1912), 
little progress had been made in the matter. 

The national sections were to press the prohibition of the use 
of lead paint and colors in interior work. One consequence of 
this was that later the Swiss Federal Council was invited to 
issue a decree prohibiting the use of lead colors in such work, 
and also the regulation that in commerce all such colors should 
be plainly marked, "poisonous, containing lead." ^^ The Council 
was further recommended to consider, in any regulations issued 
for the prevention of occupational diseases, the principles drawn 
up by the Association for the regulation of hygienic conditions 
in the ceramic industry, type foundries, printing works and work 
in caissons. While the Association had not thought that caisson 
work was a vocation sufficiently affected by international compe- 
tition to render it a proper subject for international agreement, 
it had nevertheless drawn up a series of regulations on the sub- 
ject, of which it urged the adoption by individual States. The 
Council's reply was slightly tart, though not ungracious. It 
characterized efforts of this nature as meriting full recognition, 
and conducive to steady improvement of conditions in general; 
but it declared that international rivalry in the domain of the 
several measures recommended, was hardly important enough to 
give rise to international conventions. Then it reviewed various 

18 E. B. VI. (2) pp. 217-219. 

60 



INTERNATIONAL LABOR CONFERENCES 

Swiss regulations in prevention of occupational diseases, not ig- 
noring defects but at the same time making obvious the marked 
improvement of conditions in Switzerland, and observing a trifle 
sarcastically mayhap, that the more unfavorable conditions in 
other countries were hardly to be considered a fair criterion of the 
situation in Switzerland. The Council tersely affirmed that suffi- 
cient evidence had not as yet been adduced to prove the necessity 
of abolishing the use of lead colors. 

Seventh Delegates' Meeting. Zurich, Sept. 10-12, igi2. 

The resolutions of the Seventh Delegates' Meeting at Zurich 
covered twenty-eight topics. Among the first of these was an ex- 
pression* of welcome to a section newly founded in Finland, and 
approval of its constitution. The Bureau of the Association was 
instructed to co-operate with the two International Associations 
on Unemployment and Social Insurance respectively, and with 
the Bureau of the International Home Work Congress in promot- 
ing social reform. It is interesting to note that within September 
of this year the four International Associations convened at Zu- 
rich within a short time of one another and thus gave rise to what 
was known as "social week," (Sept. 6-12). Thanks were tendered 
by the Seventh Delegates' Meeting to the Spanish Government 
for having prohibited the night-work of women; also, to the 
Swiss Department of Industry for its intention to recommend 
to the Swiss Federal Council the convocation o£ a second inter- 
national conference on labor legislation (which met in 1913) ; 
to the Federal Government of the United States for prohibiting 
the importation and exportation of poisonous phosphorus matches 
and imposing a prohibitive tax; to the Government of Mexico 
for similar action ; to the Governments of New Zealand and the 
Union of South Africa for adhering to the Bern Convention 
prohibiting the use of white phosphorus in the manufacture of 
matches ; to the Hungarian Government for the enactment of the 
same prohibition; and to the authors of the official list of in- 
dustrial poisons, so long (since 1904) the object of earnest desire, 
now completed and published in English, French, Italian, and 
Finnish. Plans were made for the appointment by the various 
governments of an international commission of statistical experts 

61 



THE INTERNATIONAL PROTECTION OF LABOR 

to elaborate the principle to be followed by the States in issuing 
their statistics and reports on labor legislation so as to make 
possible the publication every four years of a comparative report 
on the administration of labor law. The introduction in all in- 
dustrial countries of the principle of the Saturday half-holiday, 
as a prerequisite to real Sunday rest, received emphatic endorse- 
ment. The delegates desired that for women workers and young 
persons it should be made the subjct of an international con- 
vention, and the subcommission collaborating on the principle 
of the maximum ten-hour workday, was instructed to consider 
this proposition as well and to report at the next associational 
meeting. 

Progress in the suppression of the use of lead colors in paint- 
ing and interior decorating, resulting from the legislative action 
of several States, was noted with satisfaction. Further investi- 
gation of plumbism, especially in the polygraphic and ceramic 
industries, was contemplated with a view to its suppression, and 
to the conclusion, in the case of the ceramic business, of an in- 
ternational convention restricting the use of lead. The wide- 
spread recognition, in legislation on social insurance, of the 
principle of the equality of aliens and citizens, so faithfully ad- 
vocated by previous conferences and now adopted by the legisla- 
tion of many lands, including states of the American Union, and 
in many treaties, also proved very gratifying. Other principles 
favored in this connection were : the reduction of rates of insur- 
ance paid to foreigners as against that paid to citizens in pro- 
portion only to the State's contributions to the insurance fund; 
and ultimately the preclusion of all necessity for such discrimina- 
tion by the conclusion of international treaties ; the settlement of 
the claims of insured parties, whether principals or assigns,^^ 
whose residence is outside the country of insurance, by the pay- 
ment of a lump sum or by the transfer of the capital value of 
the annuity to an institution of the recipient's domicile; and the 
insurance of foreigners even in case of only temporary sojourn 
within the country. As at the last conference, the American sec- 
tion was urged to press its exertions in securing in the various 

^® In this volume the term "assign" is used to connote the "depen- 
dents," "survivors" or "parties entitled" of an insurec. 

62 



INTERNATIONAL LABOR CONFERENCES 

states of the Union suitable insurance laws against sickness and 
accident, not discriminating against foreign labor. 

Further modes of procedure were defined in detail to subserve 
many other desirable ends among which may be mentioned: the 
eight-hour shift in continuous industry and the realization of the 
same, especially in steel works, through an international conven- 
tion; the limitation, by the same means, of work in glass fac- 
tories to fifty-six hours per week on an average; investigations 
relative to a hygienic working day in dangerous and unhealthy 
trades; the better protection of the interests of railroad em- 
ployees, dock workers, miners, tunnel constructors, quarrymen, 
etc., on an international basis; the abolition of the custom of 
exacting fines through deductions in wages as well as of the 
system of paying in kind or through tickets convertible at the 
employer's store, commonly known as "trucking"; the establish- 
ment of the principle of the refund of compulsory contributions 
made to pension or thrift funds, in case of the laborer's with- 
drawal from the engagement that entitled to such benefits; the 
alleviation, especially through effective administration of mini- 
mum rates by wage boards, of the unsatisfactory lot of the home 
worker; the suppression among workers of ankylostomiasis, an- 
thrax, and mercurial poisoning; proper precautions in handling 
f errosilicon ; the study of the best methods of compiling mor- 
bidity and mortality statistics in different countries so as to arrive 
at a basis upon which to publish uniform international statistics 
of mortality by trades ; the regulation of home work in the manu- 
facture of Swiss embroidery and the suppression of evils result- 
ing from the invention and continuous operation of automatic 
embroidery machines in factories of Germany, Austria, Switzer- 
land, France, the United States, Italy, and Russia. These ma- 
chines had been more widely put into operation since the last 
Delegates' Meeting and had injected a new factor into the em- 
broidery problem. 

Of the above, the subjects newly introduced as separate topics 
in the Association's program were: the Saturday hal f -holiday ; 
the protection of dock workers ; the truck system and deductions 
from wages; international statistics of morbidity and mortality 
among working classes ; the handling of ferrosilicon ; and the 

63 



THE INTERNATIONAL PROTECTION OF LABOR 

international prevention of anthrax amongst industrial workers 
and of mercurial poisoning in fur-cutting and hat-making 

The next Meeting of the Association was scheduled for Bern 
in 1914, a meeting which failed to anticipate the war and which, 
it is therefore not surprising to remark, was never held. 

Conference of Bern. Sept. jj, 1913. 

A special Conference at Bern preparatory to the creation of a 
new series of international conventions, held session in the fall 
of 191 3. These draft conventions were never approved due to 
the war.* The deliberations of the meeting receive attention in 
the following chapter, entitled, "Conventions Signed at Bern." 

*At the first general meeting of the International High Commission of 
Pan American States, held at Buenos Aires, April 3-12, 1916, one of the 
topics discussed was that of internatonal agreements on uniform labor leg- 
islation. See House Document No. 1788, pp. 5-6, 23-24, 64th Congress, 
2nd Session. Report of the International High Commission. 

See Appendix II, Exhibit 25. 



m 



INTERNATIONAL LABOR CONFERENCES 



MEMBERSHIP 

National Sections of the International Association 
(Publication of the Association, N'o. 8, p. 127) 



Section 


1901 


1902 


1904 


1906 


1908 


1910 


1912 


I. 


German 


673 


980 


1,331 


1,635 


1,695 


1,727 


1,586- 


2. 


Austrian 


182 


252 


251 


294 


247 


242 


230 


3. 


Belgian 


66 


74 


77 


78 


78 


72 


72 


4. 


Danish 








97 


147 


143 


140 


5. 


Spanish 








66 


103 


99 


154 


6. 


American 








140 


272 


1,000 


2,500 


7. 


Finnish 








1 






III 


8. 


French 


113 


134 


290 


450 


466 


515 


570 


9. 


British 








67 


117 


205 


298 


10. 


Hungarian 


70 


332 


335 


241 


192 


201 


233 


II. 


Italian 


71 


80 


80 


120 


120 


172 


104 


12. 


Norwegian 












81 


146 


13. 


Dutch 


175 


178 


183 


193 


200 


163 


161 


14. 


Swedish 












170 


173 


15. 


Swiss 


238 


243 


476 


444 


596 


573 


507 


Dir( 


set Members 


20 


45 


57 


27 


27 


31 


26 



Total 1,608 2,318 3,080 3,852 4,260 5,394 7,011 

* The membership of the German Section was calculated on a differ- 
nt basis for 1912 and is therefore not comparable with earlier years. 



65 



CHAPTER IV 

Pro et Contra. 

Objections. 

The movement for the international protection of labor has 
had its full share of detractors. It is enlightening as well as fair 
to consider the full weight of the objections they raise. 

To Regulate Relations Between Capital and Labor is not Within 
the Province of the State. 

On loth May, 1881, the Swiss Federal Council proposed to 
several European States that negotiations be undertaken for the 
creation of international legislation on factories. France replied 
that it was not within the province of the State to interfere with 
contracts between employers and employees, either nationally 
or internationally, unless possibly in cases of extreme necessity.* 

Opposition of Employers. 

Employers find in factory restrictions favoring labor many 
distasteful features. In world markets they are obliged to com- 
pete with goods produced by the cheap labor of industry that is 
unhampered by restrictive labor law. If forced to limit pro- 
duction, as a result of the non-employment of women at night, 
or by reducing the length of the workday, etc., they fall behind 
in the industrial race ; their business, in which they have invested 
their capital and maybe the best part of their lives, suffers de- 
pression or fails, while the laborers themselves suffer by being 
deprived of their means of subsistence. 

Opposition of Laborers. 

Thus the laboring class may see in international regulation a 
menace to its own prosperity. Even as philanthropic and well- 
disposed a person as Dr. Franck,** who thought himself in favor 
of the international movement, recognized the unwisdom of 

*See p. 19. 
** See p. 20. 

66 



PRO ET CONTRA 

unduly limiting the work of women and children, who should 
be permitted to help the family lay in store against the rainy 
day of hard times. And yet the first international convention 
signed at Bern strikes at the right of women to engage in 
night-work, and pending conventions look toward the ultimate 
limitation of their day-work. It has been said that laborers 
prefer to live badly than not at all ; but the extension of prohi- 
bitions such as the above is cutting the ground of livelihood from 
right under their feet. When workers prefer to increase the 
family income and insure better standards of living by extra 
work, is it not shortsighted and unkind procedure to deny them 
the privilege? 

Differences in Laboring Peoples. 

Moreover, is it to be expected that a rule applicable to alert 
workmen of the temperate zone will be equally applicable to 
more sluggish and easy-going laborers of the torrid zone? Are 
industries in Ceylon to undergo the same regulations as indus- 
tries in Iceland, as international regulation would seem to predi 
icate? Do not children of one land mature much less quickly 
than those of another, and may not laws suitable in one case be 
wholly inapplicable in- the other? Measures adapted to protect 
one laboring population may be a menace if applied to the folk 
of another clime. 

Dissimilarity in Geographic Environment. 

Climate is of itself a well-nigh insurmountable obstacle to 
any uniform regulation of industry such as is postulated by the 
international protective movement. Why, for instance, should 
night- work be prohibited to women in tropical countries where 
the only cool period in twenty-four hours extends from sunset 
to sunrise? Each country must be left to draw up those regu- 
lations best adapted to its geographic conditions without trying 
to adhere to any uniform statutes decreed for all countries of 
the world alike. Differences in soil, mineral resources, supplies 
of water and fuel, seasonal changes with their effect on goods 
handled, and natural conditions in general make for such dis- 
similarity in manufacturing processes as to defy the realization 
of uniformity in labor regulation. 

67 



THE INTERNATIONAL PROTECTION OF LABOR 

Differing Systems of Labor Legislation. 

Different States have by a long and slow process of evolution 
built up systems of labor legislation and administration adapted 
to their peculiarities of situation, geographic, social, and 
economic. Is it reasonable to expect a State to overthrow or 
supersede such a system by the adoption of some international 
code which may be quite suitable to some other country or group 
of countries, but is wholly unadapted to its own industrial or- 
ganization? Some countries, for example the United States, 
have not in the past seemed to favor uniformity in their own 
internal administration of labor law; if this remains the case, 
how much more incongruous is the attempt at uniformity on 
an international scale? 

Constitutional Dissimilitude. 

Differing constitutional systems also doom the attempt at inter- 
national protection of labor to ultimate failure. Labor legisla- 
tion that is possible under an autocratic rule may be quite im- 
possible under a democratic rule. Moreover, States belonging 
to the same category according to the classifications of political 
science may have very diverse methods of administering labor 
legislation. Adhesion to the Bern Convention prohibiting night- 
work for women may present no particular difficulty to the Fed- 
eral Government of Switzerland; but how is the Federal Gov- 
ernment of the United States to become party to that conven- 
tion and remain loyal to the principle of leaving the regulation 
of intra-state industry to the legislatures of the individual states 
of the Union? 

But waiving the constitutional difficulties, a country with 
large capital and well established industry may find itself able 
to submit to limitations imposed by protective labor law that 
will spell absolute ruin to the industry of a nation with little 
capital, or to the infant industry of a young industrial nation. 
In the weaker country, are not the laboring people to be allowed, 
by excessive hours of work, to compensate national deficiency 
of fiscal resources, or lack of industrial longevity? If the less 
favored country becomes subject to a regulation such as that 

68 



PRO ET CONTRA 

of the Bern Convention on white phosphorus, it may be forced 
to substitute a more expensive substance; and consequently, to 
make up for the extra cost of production, it may be obliged to 
increase the -hours of labor, or if that is forbidden, to require 
faster and more exhausting work per hour, from which the 
employees will suffer more than if there had been no so-called 
protective measure. If the burden is not thus shifted to the 
laborer, the employer must lose, until possibly the industry 
ceases to pay and is allow^ed to disappear to the detriment of 
every class concerned. Thus do different circumstances con- 
ditioning production in the several countries of the globe militate 
against the advisability of international agreements making for 
unformity in the protecton of labor. 

Difficulties of Enforcing the Law 

But even if countries do go through the formalities of signing 
and ratifying labor agreements, who is to superintend or guaran- 
tee their faithful execution? The difficulties which immediately 
arise over the question of a sanction became only too evident 
at the Diplomatic Conference of Bern in 1906.* Imagine the 
harmonious co-operation of an industrial commission of English- 
men, Germans, Italians and Austrians, charged with supervising 
the enforcement of law in various countries ! How could such 
a commission avoid the transgression of national sovereignty? 
If the enforcement is left to each State, who is to know whether 
they will enforce the law or not? What assurance is there that 
the large State will not yield to the temptation of intermeddling 
with the affairs of the small State under pretext of checking de- 
linquences on the part of the latter in the observance of its 
pledges ? 

Contradictory Interpretations. 

For an example of the differences of opinion that may arise 
in interpreting a treaty, note the quibble raised by certain co- 
signatories to the Convention prohibiting the use of white phos- 
phorus over the question as to whether the importation of sample 
matches containing that substance was forbidden.** 

* See p. 122. 
** See p. 131. 

69 



THE INTERNATIONAL PROTECTION OF LABOR 

Source of Friction and War 

Thus differences in interpretation, laxity in execution, mutual 
jealousy and suspicion, would constitute an interminable source 
of friction which might even ijnduce war. Such possibilities 
constitute their own commentary upon the desirability of inter- 
national protective labor agreements. . . . And thus the indict- 
ment of the objector is closed. 



If these difficulties seem to loom so large upon the horizon of 
possibilities now, how doubly immense must they have seemed to 
the early proponents of the movement, who had no international 
labor conventions to which to point as proof positive of -the 
possibility of their existence and the success of their operation. 
But certain arguments of the objector are already out of date. 
Such certainly is the asseveration that it is not within the prov- 
ince of the State to intervene between capital and labor in the 
regulation of industry. Indeed, intervention has been found 
absolutely necessary and salutary by every great industrial nation 
of the world. 

That employers have found fault with such intervention in 
many instances is true, but their objecting has been much more 
strenuous in the national domain of regulation than in the inter- 
national; and so much the more have they been subjected to State 
control by the most efficient industrial nations of the world. Ger- 
many was an example of such efficiency before the war. Those 
who are familiar with the history of industry know that em- 
ployers, under the urge of competition and in devotion to their 
own profits, have been careless of the rights of labor, and to 
that degree has the field of industry in which they might exercise 
their own free will been constantly narrowed by the hands of 
government. It may be human nature for employers to object, 
but that is far from proving that it is wise or humane to heed 
their faultfinding. However innumerable their objections may 
have been, it is safe to -say, as will be demonstrated hereafter, that 
from the standpoint of pure self-interest, employers will find 

70 



PRO ET CONTRA 

more to favor in the international control of labor than to object 
to in national regulation. It is needless to add that unnumbered 
directors of industry are heartily in favor of protective labor 
law for the sake of industry as well as of labor. 

As for the opposition of labor to protective measures, it is 
almost non-existent. For half a century labor has been a pro- 
pelling force behind the protective movement. It believes in 
"protection from dangerous machinery and occupational dis- 
eases; the abolition of child labor; the regulation of the 
hours of labor for women as shall safeguard the physical 
and moral health of the community; suppression of the sweat- 
ing system; reduction of the hours of labor to the lowest prac- 
ticable point, and that degree of leisure for all which is the 
condition of the highest life ; a release from employment one day 
in seven; a living wage as the minimum in every industry, and 
the highest wage that each industry can afford; suitable pro- 
vision for the old age of workers and for those incapacitated by 
injury in industry";* "the lifting of the crushing burdens of the 
poor, and the reduction of the hardships and the upholding of 
the dignity of labor." The mass of labor is not to be hood- 
winked into turning traitor to its own interests. The resolutions 
(Appendix II) of international congresses representative of labor 
of all parts of the world are sufficient proof of this. 

Wherein International Labor Conventions Have Solved Diffi- 
culties Presented by Differences in Race, Geographical 
Conditions, Constitutional Systems, Labor 
Legislation, Relative Strength of 
States, etc, 

A false assumption of the opponents of the movement seems to 
be that international regulation presupposes absolute uniformity 
of regulation. But this is not true. It makes for uniformity 
in all cases lending themselves to uniformity; it makes for legiti- 
mate exceptions in all other cases. A short answer to the list 
of objections cited above is that, in spite of all difficulties, inter- 
national labor conventions have been applied and applied suc- 

* Resolutions of Religious Organizations cited in the Supplement to 
The Typographical Journal, Oct. 1911, pp. 23-30. 

71 



THE INTERNATIONAL PROTECTION OF LABOR 

cessfuUy to peoples differing in race, geographical environment, 
government, financial resources, and labor legislation. These 
conventions have encountered practically all the ubiquitous ob- 
stacles which the antagonists of the movement have carried in 
their brief cases for forty years; and only a study of each con- 
vention's provisions will reveal why it has survived. 

Consider the Bern Convention aiming at the prohibition of 
night-work for women. It has conduced to the repeal of old or 
passage of new law among the leading powers of the world, to 
say nothing of dependencies ; and has wrought reform and made 
for uniformity that never before existed. But we have been 
told that while this may be well and good for Europe, how un- 
conscionably brutal would be its application to the females of 
central Africa whom perforce it would compel to labor in the 
heat of the day rather than the cool of night! But this is not 
the case. Should the night or some portion of the night be found 
to be the more healthful time for toil upon the equator, the 
Convention distinctly leaves a way open whereby that can be 
allowed; provided, of course, compensatory rest is accorded 
during the day (See Art. VII).* Thus does it prove that desir- 
able uniformity in the matter of guaranteeing rest during the 
night, or its equivalent, and dissimilarity of geographic condi- 
tions are not incompatible yokefellows. Its adherents now reach 
from the tropical islands of Fijii and Ceylon to Norway in the 
longitude of Iceland. Moreover, for slow and sluggish popula- 
tions or native works that cannot be practically or rightfully sub- 
jected to its regulations, ample considerations are provided since 
a power in notifying the adhesion of a colony may make neces- 
sary reservations (Art. VI-VII). For industries in every coun- 
try demanding special treatment, due exceptions are made, as 
well as for emergencies or necessities in every industry (Art. 
Ill, IV, VIII). The Convention is so constructed as to be 
reasonably adaptable to every clime and all conditions, and yet 
to secure the .desirable aspects of the reform aimed at. 

Differences in government or industrial organization have not 
presented any impassable barrier. The Bern Conventions have 
been applied by autocracies, monarchies, and republics with all 

♦Appendix I, Exhibit 3. 

12 



PRO ET CONTRA 

sorts of differing labor law. The relation of the United States 
is peculiar. After the Convention banning white phosphorus 
had been adhered to by other leading industrial nations, the 
American Congress was constrained to introduce prohibitions 
which were practically equivalent. Hindered by constitutional 
practises, we attempt to follow a worthy example as best we 
can; but to continue so to follow, if America prefers the less 
honorable (but by no means dishonorable) course of following 
rather than leading, some changes in the theory and practise of 
American labor administration must occur. The movement pre- 
sents a problem to America much more than America presents 
a problem to the movement. 

But again we are told that through this movement the weak 
State may be forced to lock arms with industrial ruin. Is it of 
no significance that one of the smallest of industrial States has 
been the leader of the cause? Small countries, weaker financially 
and industrially than their more powerful contemporaries, have 
not found in the Bern Conventions any short cut to industrial 
suicide. Whether small or great, old or young, a country's 
powers of endurance in the industrial race are guaranteed by the 
conservation of its labor force even to the third and fourth 
generation. Real patriotism looks beyond the present moment. 
The legacy of a healthy ancestry constitutes the moral right of 
posterity. Protection of labor is essential to national perpetuity 
plus industrial vitality. Experience has proved that healthy 
v/orkmen produce more and better goods in a shorter workday 
than unhealthy workmen in a longer day. In other words, con- 
servation of human resources pays capital as well as labor. But 
should protective law mean an inevitable loss, both small and 
large States can much better afford to let capital foot a temporary 
loss in dollars and cents than to let labor pay the price by the 
exhaustion and degeneration of its women and children. If, how- 
ever, a young or weak industrial nation is convinced that im- 
mediate adhesion spells ruin, it may await the firmer establish- 
ment of its institutions without arousing suspicion ; but the large 
or old industrial State that refuses to adhere may with greater 
reason be suspected of contemplating temporary profits by taking 
a discreditable advantage in the world market. 

73 



THE INTERNATIONAL PROTECTION OF LABOR 

As for the assumption that international labor law will not be 
enforced if enacted, facts again belie the ill prediction. So far 
as time has permitted, such law has been enforced with very 
slight friction or laxity. The war constituted an unavoidable 
interruption, but no vaHd argument against the cause. Even 
had the war led to the denunciation of all the labor con- 
ventions or treaties ever ratified, they had lived long enough 
to propagate their kind. By the international dissemination of 
relevant facts about the labor situation, by encouraging the com- 
parative study of protective law, and by stimulating to progress 
in legislation along such lines, the International Association for 
Labor Legislation with its Bulletins, Office, and national sections, 
had proved to partake of the elements of a very effective sanction 
for the law in question. Unlike the Permanent Court at The 
Hague, it possessed an organization that lacked the official title of 
permanence but supplied the fact instead. Constantly and unin- 
terruptedly it strove for the realization of the principles for 
the sake of which it was created. 

Thus, however formidable certain objections to the movement 
may seem, no one of them is insurmountable; and in a vast ma- 
jority of cases we can leave them to encompass their own undoing 
by mere self-exinanition. The fact, however, that a man is 
killed is no proof that his opponent ought to live, although the 
slaying of an argument does tend to create a presumption in favor 
of the side that slays. What has been said is by way of refu- 
tation; it remains to adduce constructive argument to establish 
the desirability of the means adopted to protect labor on an in- 
ternational basis. 

For the sake of definiteness, we limit the proposition as follows : 
Resolved, That international conventions constitute ^he best 
method of securing certain desirable regulations protective of 
labor. 

I. In the first place, the affirmative of this proposition has 
been proved by two international Conventions. 

A. No sane person familiar with the disease of necrosis of 
the jawbone, popularly known as "phossy jaw," will deny the 
indisputable desirability of its prevention. Before the enactment 
of the Bern Conventions, "phossy jaw" was a prevalent and prac- 

74 



PRO ET CONTRA 

ticably ineradicable disease directly attributable to the use of 
white (yellow) phosphorus in the manufacture of matches. It 
was ineradicable because industry insisted upon the employment 
of white phosphorus on account of its cheapness, and govern- 
ment gave its sanction in order that national industry might 
compete successfully with other industrial nations that used the 
substance, among which were Great Britain, the United States, 
Hungary, Norway, Italy, etc. Although approximately half a 
dozen States had passed some kind of law prohibiting or restrict- 
ing the use of the substance, other attempts to eliminate it had 
failed. But when the possibility of international prohibition 
was broached, industry and governments gave respectful atten- 
tion, and co-operated for the elimination of the plague. So 
powerful did the movement become when made international, in 
marked contrast to its feebleness nationally, that even the United 
States, although not a signatory to the Convention, nevertheless 
took effective steps to abolish the poison. These achievements 
alone fully vindicate the movement and prove our proposition. 

B. The Bern Convention prohibiting the night-work of women 
worked reform salutary and likewise international in scope. The 
various national measures taken to limit and prohibit such work 
constitute their own proof of the widely recognized desirability 
of such protection. The unprecedented success with which the 
reform met when it was expressed in the terms of an international 
convention, is again convincing proof that this is the best method 
which has ever been discovered to procure the most effective 
application of certain regulations in protection of labor. In proof 
of the assertion we cite the history of the case presented in 
Chapters III (Part I) and I (Part II), and also the arguments 
as given by the International Labor Office. (App. II, Exhibit 24). 

II. In the second place, there still exists a need for protective 
labor laws which can be most effectively realized only through 
international co-operation ; e. g., laws establishing the principle of 
release from employment one day in seven, concerning reciprocity 
of treatment of foreign workers with respect to insurance 
agreements, concerning the migration or recruitment of alien 
labor, protecting employees from contracting diseases through 
handling materials such as white lead, etc. For brevity's sake, we 
v/ill confine ourselves to the desirabiHty of an international con- 

75 



THE INTERNATIONAL PROTECTION OF LABOR 

vention realizing to a greater extent than heretofore the last of 
the above-mentioned reforms, which, once established, is again 
sufficient to prove our proposition. 

A. The attempts of nations to prevent industrial disease is 
proof of a widespread desire for such reform. To verify the 
statement, there need only be reviewed the labor legislation of 
England, France, Germany, Italy, and other countries and the 
recommendations of the Washington Conference of 1919. The 
mass of facts which have led to the general recognition of the de- 
sirability of laws of this character for the sake of the physical wel- 
fare of workers, we believe it to be unnecessary to marshal here. 

B. The fact that the Washington Conference of the Interna- 
tional Labor Organization of the League of Nations drew up 
recommendations upon this subject with a view to effect being 
given them by national legislation or otherwise, goes to prove, 
aside from the fact of the deeply felt need of such legislation, that 
nations believe international co-operation to be the best and most 
effective means by which to consummate such reforms. There 
are various grounds which show their belief to be a sound one. 

1. Governments swayed by national self-interest are not prone 
to expose their industries to the hazard of falling behind in the 
competition of international markets through the imposition of 
restrictive laws which competing nations do not adopt. 

2. Employers are less willing to risk an increase in the cost of 
production by the adoption of protective law when it means 
either a loss of profits or an increase of their commodity's selling 
price, which may lose for them their relative position in markets 
captured by business of other countries not subject to equally 
stringent labor law. Capital may forsake and ruin industry so 
handicapped. 

3. Governments and employers become willing to submit to 
the restrictions of labor law to whose mutual adoption all com- 
peting nations have agreed; for such concurrent action tends to 
leave the industry of each country in the same relative position 
in world markets as existed before the law was imposed. Viewed 
from the standpoint of national industrial prestige and employers' 
interests, international protective law has a distinguishing ad- 
vantage over national labor law. 

4. Protective laws tend to allay the discontent of labor, there- 

76 



PRO ET CONTRA 

by preventing strikes disastrous to industry, national prosperity, 
and often to the laborers themselves. Indeed international con- 
ventions are deemed by many to constitute one of the most effec- 
tive remedies for civil strife between capital and labor. 

5. Moreover, limitation of output by international agreement 
is an antidote for overproduction and the evils which reaction 
brings in its train; i. e., the closing of shops, unemployment, 
paralysis of trade, and in consequence a national crisis. 

III. In the third place international law for labor benefits all 
parties concerned. 

A. The laborer. If it did not benefit labor it would not be 
protective. The elimination of "phossy jaw" is a practical illus- 
tration in point. 

B. The employer. Protection means a healthier working 
force, v/Iiich, as experience has proved, can produce more and 
better goods in shorter time, tending thus to compensate for any 
increased cost of production that protective law may involve. 
The supply of labor for the future is conserved instead of de- 
stroyed or enfeebled, while the menace of strikes is diminished. 
These among other things, the employer stands to gain without 
sacrificing his relative position in the world market as has beefi 
shown. 

C. The nation. Industry that thrives and labor that is pros- 
perous will supply to a nation the wherewithals of general pros- 
perity, especially if that nation is "rooted and grounded" in 
industry. 

D. The world. In proportion as nations progress or fail to 
progress in the fine art of co-operation, especially if it be for 
the welfare of humanity, in that proportion will they hasten or 
retard the dawn of universal peace. International engagements 
for the regulation of labor predicate such co-operation, and are 
therefore directly to the interest and advancement of world-wide 
peace. This is what Mr. Sarrien of the French cabinet had in 
mind in 1906 when he spoke in endorsement of the movement.* 
Failure to enact international law may become a direct menace to 
every party above mentioned by tending to discourage protective 
law in well-disposed nations where it now exists, and reviving 
international competition in exploitation of women and degener- 
ation of children. 

*See p. 118. 

T/ 



THE INTERNATIONAL PROTECTION OF LABOR 

IV. As a fourth and final point, we may advert to the tact 
that experience has proved the entire practicabihty of the kind 
of law advocated. If any doubter presumes still to demand evi- 
dence in support of this assertion, we invite him to recapitulate 
the facts we endeavored to set forth in the rebuttal that preceded 
this brief outline of a constructive argument, then to reread the 
documents signed at Bern and their subsequent history, and 
finally to make thorough use of the Bibliography, 



78 



CHAPTER V. 

The Relation of America. 

In 1 910 three things stood out distinctly in the general regula- 
tion of labor conditions in Europe : 

(i) A clear recognition by governments of the need of pro- 
tection for industrial populations ; 

(2) A definite and well organized attempt on the part of gov- 
ernments to meet that need; 

(3) International co-operation to supplement national short- 
comings. 



I. Now imagine forty-eight competing industrial countries in 
that same year, many of them great and powerful, but fully a 
generation behind Europe in initiating the protective laws needed 
by their working classes, where, as followers of the vocation 
averred, four workmen were killed in mining accidents to every 
miner fatally injured in Europe ; ^ where the horrors of "phossy 
Jaw" were allowed to spread in the midst of working men and 
women without statutes to eliminate the use of the poisonous 
phosphorus that caused the disease; where methods used in the 
making of storage batteries and lead products were far more 
dangerous, and unnecessarily so, than those used in England or 
Europe; where the same was true of painting trades when they 
were compared with the same occupations in England, France, 
Germany, and the Low Countries^; where only twenty-eight of 
the forty-eight states in question had laws to conserve the health 
or comfort of factory employees, and only twenty-one provided 
any protection against dangerous machinery^ ; where not a single 
one had any adequate regulation for factory illumination in its 

^This an3 many following facts are taken from statements of various 
contributors to the American Labor Legislation Review. Vols. I-VII. If 
in any case their statements do not hold good for the year 1910, they do 
for some period within 1910-1913. See American Labor Legislation Re- 
view, Vol. I, (1) p. 44. 

2 Ibid., I, (1) pp. 21-22. 

3 Ibid., I, (2) pp. 1-2. 

79 



THE INTERNATIONAL PROTECTION OF LABOR 

vital relation to the health of the workmen* ; where only one had 
a real factory ventilation law^; where not a single legislative 
body had passed a law compelling the effective removal ot poison- 
ous gases, fumes and vapors by well defined mechanical ap- 
pliances^ ; and where no physicians were required by state law to 
report occupational diseases^. 

Lest the indictment become monotonous, we pause; but it is 
essential for the sake of comparison that we still add to it some 
important facts. The night-work of women and children seemed 
to be steadily increasing^ ; only three States of the forty-eight had 
any workmen's compensation laws^ ; none had any state insurance 
against sickness, old age and invalidity, death, or unemployment, 
and that in the light of the extensive social insurance systems of 
Europe ! 

The annual social and economic cost of employees' sickness 
was estimated at over $770,000,000 while the estimated cases of 
disease totalled over 13,000,000 causing the loss of over 280,- 
000,000 days of productive work.^° Preventable ill health was 
reckoned to entail for the nation an economic waste of at least 193 
million dollars each year.^^ The world's record for pre-eminence 
in the slaying and mangling of men, women, and children in 
industry was not infrequently conceded to the said territories, 
whose fatal accidents were variously numbered at from 15,000 to 
57,500 per annum}^ It was further calculated that the workmen 
injured during the same period would be sufficiently numerous to 
populate a city half the size of greater New York.^^ According 
to conservative estimates, 4,500,000 employees were regularly en- 
gaged in seven-day labor at the same time that Sunday* rest, or 
compensatory rest, prevailed under national law in Italy and 
France, and the same principle of compensatory rest was em- 
bodied in law in various parts of the world, including Argentina,! 

^Ihid., I, (2) pp. 114-115. 
^Ihid., I, (2) p. 118. 
^Ihid., I, (2) p. 122. 
Uhid., I, (4) p. 107. 
8 Ihid., I, (4) p. 141. 
^Ihid., I, (1) p. 55. 
^0 Ibid., I, (1) p. 127. 
^^Ibid., I, (1) p. 127. 
12 Ibid., IV, (4) p. 562. 
^^Ibid., Ill, (1) p. 67. 

80 



THE RELATION OF AMERICA 

Austria, Bosnia, Herzegovina, Belgium, British India, Canada, 
Cape of Good Hope, Chili, Denmark, France, Germany, Italy, 
Portugal, Roumania, Spain, ctc.^^ Such were forty-eight indus- 
trial societies in 1910, inflicting upon employers and employees 
human and fiscal losses of the character described, and recognized 
before the bar of world opinion as at least one generation behind 
the times in any adequate governmental recognition of lesponsi- 
bility for the health and welfare of 33,500,000 workers. 

But let us be careful to heed the injvmction **to judge not that 
ye be not judged." Possibly these countries were unenlightened 
lands ? Whatever their standing and however much certain facts 
in their case may have been unwittingly exaggerated by those 
who attempted to ascertain the true condition of affairs (many of 
the calculations are known to be understated), the situation was 
certainly, to put it mildly, an unfavorable one. 

II. But waiving the appalling need in the forty-eight states, 
let us examine what their governments actually had accomplished 
by 1 9 10, in the way of protecting labor. To cope with conditions 
such as theirs, we should expect to find these peoples ardently 
at work; firstly, gathering vital statistics upon which to base 
successfully legislation, as have their European contem.poraries ; 
secondly, developing the science of precise and appropriate labor 
law; and thirdly, employing an efficient inspectorate in con- 
junction with a carefully wrought-out scheme for enforcing the 
law. What then are the facts in regard to the first premise? 

We find that for any considerable arriount of the valuable sta- 
tistics we are seeking, we must look elsewhere than to the reports 
of their factory inspectors. We know very well that this would 
not be the case were we investigating similar reports in England, 
Germany, France, Austria, or Belgium.^^ We discover that if a 
statistician seeks to evolve order from the chaos of their informa- 
tion on industrial casualties, he must command superhuman 
powers and find relief in the fact that only fourteen of the 
states require any systematic reporting of accidents at all.^* 
Nevertheless, we should not despair, but lock further. For their 

-^^Ihid., Ill, (1) pp. 55-57. 

15/&ZU, I, (1) p. 35. 

•^^Ihid., I, (2) p. 2; IV, (4) pp. 563-564. 

81 



THE INTERNATIONAL PROTECTION OF LABOR 

statistics on occupational maladies, which must form the basis 
of all intelligent legislation against industrial disease, we will 
investigate the reports of their physicians. Alas, we recall that 
not one of the forty-eight require any such reports! Such un- 
thinkable laxity would be beyond all comprehension in the en- 
lightened communities of Europe; lor Europe, we must remem- 
ber, prefers to do her killing in quite another way. And shall 
we add, that if like Europe these states were to preserve the 
health of their people in order that the world might witness a 
more splendid spectacle in the arena of battle, we doubt the ulti- 
mate progress that would be made after all ? 

But shall we hazard further inquiry? Have not the states at 
least a modern treatise on occupational diseases by a native 
authority on industrial hygiene? No, not one.^'' And yet Eng- 
land possesses the monumental work of Thomas Oliver on that 
subject and, since 1855, has been compiling valuable official re- 
ports and statistics relating to the health of the English industrial, 
as compared with which anything that the forty-eight states, 
individually or collectively, can produce is of humiliating insig- 
nificance. But Germany, Austria, and other continental countries, 
if anything, surpass England in this respect. Dr. Theodore Weyl 
is the foremost German authority. In 1905 the German Imperial 
Parliament voted about $80,000 for the analysis of certain mor- 
tality and sickness statistics, which authorities recognized as in- 
dispensable to the intelligent safeguarding of the nation's health, 
but with which the famous forty-eight, consistent with their 
record, had nothing to compare; for, if they had amassed all 
that they possessed upon the topic of industrial disease, its paucity 
would have become painfully evident In comparison with the 
wealth of European information on the subject. 

Having thus discovered that by 19 10, they had next to nothing 
upon which to build respectable labor law, it is with considerable 
misgiving that we approach the investigation of our second 
premise ; viz., the labor statutes that they did possess. The char- 
acter and extent of legislation they did not possess must 
have been suggested by facts already stated ; and it does not allay 
our apprehension any to discover that their legislators sometimes 

"7Z,tU, I, (1) pp. 129-137. 



THE RELATION OF AMERICA 

deemed themselves quite equal to the task of drafting protective 
labor law over. night. Need it be a cause for surprise if the chief 
statistician of the New York State Department of Labor, Mr. 
Leonard W. Hatch, found that the legislatures of these common- 
wealths managed to produce factory laws which had "not passed 
beyond a fairly primitive stage."^^ And in view of these facts, 
would it be strange if yonder in Central Europe some self- 
righteous pharisee had piously murmured: "By their fruits ye 
shall know them"? Moreover, some of these legislators discov- 
ered that it was much easier to copy a labor law than to create 
a labor law, and they acted according to the light they had. 

Among the defects that may be pointed out in respect of this 
legislation were : ( i ) too great generality and vagueness in refer- 
ence to the provisions to be applied and the establishments in- 
volved; (2) great rigidity of detail regarding a few specific proc- 
esses but lack of definiteness as to the industries* contemplated ; 
(3) a narrow range of application when the intent was perfectly 
clear. It is therefore obvious that the enforcement of many of 
the laws depended entirely upon the advent of a very extraor- 
dinary inspection corps. 

This brings us to the third premise, which concerns the mech- 
anism of their law-enforcing institutions. After careful inquiry 
we find that in 19 10, of these forty-eight industrial States, exactly 
three had a factory inspection force whose members were ob- 
liged to pass a civil service examination to become eligible.^^ In 
Prussia, we are told, the prospective inspectors pursued three 
years of technical study including such subjects as mechanics 
and chemistry, beside one and one-half years of work upon eco- 
nomics and public law. In addition to this, they passed two 
examinations in a German university. We have, since 1910, been 
forcibly reminded of the fact that Prussia has the failing of going 
to extremes. There is a "golden mean", and to err on one side 
may be just as bad as to go astray on the other. But to return 
to our subject, the appropriations of the forty-eight States for 
inspection were in a vast number of cases entirely inadequate, 
while unsuitable and antiquated methods akin to the "spoils sys- 
tem" were too frequently employed in the appointment of the offi- 

"/&tU, I, (2) p. 106. 
19/61U, I, (1) p. 13. 

83 



THE INTERNATIONAL PROTECTION OF LABOR 

cials in charge. One great state with more than 70,000 workers 
had one factory inspector ; fourteen others had none whatever for 
industry employing nearly one-half million people. For an area 
of over three million square miles and possessed of 7,000,000 
employees, there were to be found among the states approxi- 
mately 425 inspectors. It is said, on reliable authority, that 
probably in no one state were standards of inspection so high as 
in England, France, Prussia, Saxony, Russia, Holland, Spain, 
Finland, Hungary, or Norway. The annual report of the chief 
factory inspector in one of the great commonwealths constituted 
exactly fourteen words (July i, 191 1) : "I have visited the same 
factories as last year and find conditions the same."^* 

Such was their efficiency. in the enforcement of industrial law. 
In the hope of discovering a definite and satisfactory attempt to 
meet labor's need of protection, we have weighed these states 
three times ; firstly, as to their progress in the collection of neces- 
sary statistics; secondly, as to the character of their labor laws; 
and thirdly, as to their enforcement of those laws; and in each 
instance they have been found wanting. 

Furthermore, in addition to, and as a partial explanation of, 
their great lack, the courts of many of these states held to prin- 
ciples of the common law and constitutional interpretations 
whereby important protective law was held actually illegal. In 
adherence to the principle of "freedom of contract," they refused 
to sanction many such interferences of the state between em- 
ployers and employees as were necessary to establish compensa- 
tion laws, social insurance, limitation of the hours of labor, etc., 
preferring to remain in that stage of economic thought which was 
voiced by France in 1881.^^ If an employee who had become the 
victim of an accident, wished to obtain redress, he was obliged to 
sue under a judicial system that seemed to be biased in favor of 
employers by three widely accepted doctrines : ( i ) The fellow- 
servant doctrine, by which it devolved upon the claimant to prove 
that his injury was not due to any fault of a fellow employee; 
(2) the doctrine of the assumption of risk, which is to say that 
an employee by accepting the contract to work, had assimied the 

20 /H(/., Ill, (1) pp. 23-28. 
21 See p. 20. 

m 



THE RELATION OF AMERICA 

risk incident to the business; (3) and the doctrine of contributory 
negligence to the effect that carelessness of the employee con- 
tributory to an accident constituted a defense for the employer. 
These judge-made doctrines became so palpably unfair that the 
8o's saw in England the origin of an important movement, whose 
influence was later felt in the United States, in favor of em- 
ployers' liability laws to counteract injustices of the system and 
to make employers liable for damages in cases of accident that 
they might have prevented.^^ These laws made it possible for 
the worker to recover damages when he could prove that negli- 
gence on the part of his employer was responsible for the acci- 
dent that gave rise to the injury. The common law theory of 
liability was not abandoned and the employer was not made liable 
for accidents due to risks concealed in the business rather than 
to any fault or negligence. The laws, however, have involved 
much litigation and have never been deemed a satisfactory solu- 
tion of the problem. 

III. Our next inquiry is with reference to the co-operation of 
these states in supplementing by mutual agreement their indi- 
vidual shortcomings. They are adjacent one to the other. Evils 
and losses incident to competition unrestricted by mutual agree- 
ment are theirs, and have fallen upon employers as well as upon 
employees. This is evident from facts already stated. Practi- 
cally all of the arguments that were found to vindicate interna- 
tional labor law as between the countries of Europe and other 
parts of the world (Chapter IV) are found to hold equally good, 
and in most cases doubly so, for these forty-eight states. Di- 
versity of conditions of production among them are great, but not 
as great as obtains between many of the other countries referred 
to. Furthermore, the advantages derived from national adhesion 
to international labor conventions should accrue in equal, if not 
in greater measure, to a similar industrial co-operation between 
these states. Producers who suffer an annual loss o£ millions of 
dollars partly because of the inadequate protection of labor,^^ 
ought to realize that this is not good business. When Europe 
made that discovery, she acted upon it. The working populations 

^^Amer. Lab. Leg. Rev., I, (1) p. 57. 
23 See p. 80. 

85 



THE INTERNATIONAL PROTECTION OF LABOR 

of these states are shifting constantly from one to the other and 
give rise to a large percentage of the problems that the nations 
of Europe, in view of a similar migration of their subjects, have 
found susceptible of solution only through treaties. 

What then is the attitude of these states toward co-operation 
in the matter of protective labor law ? A priori this would seem to 
be a question readily answered, for we may now discover for the 
sake of convenience that these forty-eight industrial entities form 
a federal union and have a central Federal Government. The 
answer, however, is not that which we would naturally expect, for 
reasons which follow : 

(i) The Constitution of their central Government they may 
so interpret as to prohibit federal legislative control of intra- 
state industry. By reason of Article 1, Section 8, "The Congress 
shall have power to regulate commerce with foreign nations and 
among the several states,*' authority over interstate commerce is 
delegated to the Federal Government, but upon the principle 
that powers not so delegated are reserved to the states, intra-state 
commerce remains a subject for state legislation. Consequently, 
it may be held that the Federal Government ought not to presume 
to sign a treaty such as the Bern Convention prohibiting night- 
work for women inasmuch as its enforcement would involve un- 
due interference with intra-state industry. 

(2) The same constitutional system prevents the states from 
entering into treaties among themselves or wi^ the Federal Gov- 
ernment, by which otherwise they might obtain uniformity of 
industrial regulation. 

(3) Individual participation in any international agreement 
is likewise forbidden to each one of the forty-eight states. 

What more ingenious construction of law could be devised to 
obstruct interstate, national and international co-operation in the 
uniform and legal protection of labor ? 

Such were forty-eight industrial countries in 1910, which in- 
dividually failed to provide proper protection for their working 
people, and which collectively seemed to favor such an interpre- 
tation of their constitutional system as not only prohibited their 

86 



THE RELATION OF AMERICA 

Federal Government from introducing the protection needed, but 
also precluded it from becoming party to international guarantees 
of protection for the laboring peoples of the world; and these 
forty-eight states in 1910 constituted the same people who, as 
the self-avowed defenders of humanity, were in 1918 justly 
and proudly pouring out their treasure and their blood to rescue 
from impending disaster the civilization of the world — THE 
UNITED STATES OF AMERICA. 

In the interval of eight years had the American people re- 
deemed themselves? We leave the query open. This, however, 
is true: the period contains a record of splendid achievement in 
the protection of America's industrial laborers. The history of 
that progress runs in part as follows: 

In 1906, the same year in which the nations signed the Bern 
Conventions, the International Association for I^abor I^egislation 
dropped a child on American soil. In some respects at least, the 
Association's feelings must have been akin to those of the un- 
resigned Spartan mother who saw her ill-judged baby exposed to 
the wild beasts of the forest. This infant had twenty-one mem- 
bers, and, unlike a sister in the American State of Argentina, did 
not die, but in the course of a dozen years added unto itself 
over three thousand other members and performed the tasks of a 
giant, well beyond what would have been deemed possible either 
in 1906 or 1910. 

It was as early as 1902 that the Bureau of the International As- 
sociation exerted itself to bring about the formation of an Ameri- 
can Section. In New York City, on the 15th day of February, 
1906, its desire was realized.^* The Section established its head- 
quarters at Albany, N. Y., subsequently removed to Madison, 
Wisconsin, and later located at 131 E. 23rd St., New York City. 
From inception it has been officered by distinguished men. It 
has had as Presidents, Professor Richard T. Ely of the Univer- 
sity of Wisconsin, Professor Henry W. Farnam of Yale Uni- 
versity, Professor Henry R. Seager of Columbia University, 
Professor William F. Willoughby of Princeton University, Pro- 
fessor Irving Fisher, of Yale University, and Professor Samuel 
McCune Lindsay, of Columbia University; and as secretaries. 
Dr. Adna F. Weber, Professor John R. Commons, and Dr. John 

2* For Constitution, see App. II, Exh., 23, 

8Z 



THE INTERNATIONAL PROTECTION OF LABOR 

B. Andrews, who has held the office since 1909 and upon whom 
more than upon any other single individual now rests the direc- 
tion of the work. Its membership, now over 3000, represents 
nearly every state and territory in the Union, and also the 
Canal Zone, Cuba, Porto Rico, Hawaii, the Philippines, Canada, 
and several European countries. Illinois, Minnesota, New York, 
and Massachusetts have organized state sections under its direc- 
tion, although that of New York has been transformed into the 
New York I^egislative Committee. Support is derived from 
dues and gifts. An Executive Committee chosen from a large 
General Administrative Council is charged with the business 
management of the Association, which meets annually and gen- 
erally holds one joint session with either the American Economic 
Association or with the American Political Science Association. 

In 1908 real constructive work was undertaken and since that 
time the organization has placed to its credit a notable record in 
bringing about state and nation-wide compilations of invaluable 
statistics, the passage of labor law, the enforcement of the same, 
and increased conformity to uniform standards. This has neces- 
sitated tireless research and the publication of a vast amount of 
literature. Its official bulletin, published since 191 1, is. The 
American Labor Legislation Review. 

It has formed standing Committees and Subcommittees upon 
Industrial Hygiene (1908) ; Brass Poisoning; Nomenclature of 
Occupations; Workmen's Compensation (1909) ; Woman's Work 
(1909); Standard Schedules and Tabulations (1911) ; Enforce- 
ment of Labor Law (1911) ; One Day of Rest in Seven (1911) ; 
and Social Insurance (1913), with which the Committee on 
Workmen's Compensation was merged. Under its auspices a 
special Committee was organized in 191 1 to constitute the Ameri- 
can Section of the International Association on Unemployment. 
It has caused the convocation of National Conferences on Indus- 
trial Diseases (1910 and 1912) ; Preventing and reporting of 
Industrial Injuries (1911); Social Insurance (1913); Unem- 
ployment (1914 and 1915). Also, representatives have been 
regularly sent abroad to various International Congresses on Oc- 
cupational Diseases, Unemployment, Social Insurance, etc. 

Efficiency and uniformity in labor legislation have been pro- 



THE RELATION OF AMERICA 

moted through the scientific drafting of standard labor laws, 
which the Association has presented to state legislatures for ap- 
proval and adoption. The Legislative Drafting Research Fund 
of Colurribia University endowed by Mr. J. P. Chamberlain 
and now under the direction of Prof. T. I. Parkinson, has co- 
operated with the Association in this work. In 19 14 New Jersey 
enacted into law such a bill protecting tunnel and caisson work- 
ers.^^ Another standard bill for the protection of industrial 
workers from regular seven-day employment was adopted by 
New York State and Massachusetts in 1913;^® and the tentative 
draft of a compulsory health insurance act is now before the 
public for criticism and discussion. Although this is daily be- 
coming a more important phase of its work, nevertheless it is 
not in this respect that the greatest progress has thus far been 
made. 

In 1910 a memorial was presented to the President of the 
United States urging the necessity of a national investigation 
of the subject of occupational diseases.-"^ The Federal Bureau 
of Labor extended its operations in the field of industrial hygiene 
and commenced continuous research with respect to occupational 
poisons. Propaganda to bring about in the states the compulsory 
reporting of occupational diseases was undertaken by the Asso- 
ciation with the result that within five years fifteen states in- 
troduced the innovation, nine of them adopting the standard 
reporting blank recommended by the Association.^^ Within three 
years a standard form for the reporting of accidents was so wide- 
ly adopted as to apply to one-half of the factory employees of 
the United States. Nevertheless, these statements should not 
obscure, but rather make more prominent, the fact that in 
spite of the progress evidenced there still prevails a wretched 
state of affairs and regrettable lack of uniformity throughout 
wide portions of the country. A campaign against lead poisoning 
has been prosecuted with substantial results among several law- 
making bodies. While the estimated ratio between victims of 
saturnism and workers in lead in Europe is 1 :89 ; in America it is 
I :io.2» 

25 Am. Lab. Leg. Rev., IV, (4) p. 528. 

26 Ibid., IV, (4) p. 614. 

27 76tU, I, (I), pp. 125-143. 
28/&iW., IV, (4), p. 525. 

2^ Ibid., IV, (-^) p. 539. 

89 



THE INTERNATIONAL PROTECTION OF LABOR 

Whereas only three states and the Federal Government had 
any workmen's compensation laws in 1910, such law had been 
passed by thirty-three legislatures before the close of 191 5/" 
aside from various other social insurance measures such as the 
pensioning of mothers enacted into law in fifteen states in 1913/^ 
the inauguration of state life insurance in Wisconsin in 191 1 and 
adopted since by other states/^ and the introduction of old-age 
pensions in Alaska and Utah in 1915.^^ The movement for social 
insurance was making progress up to the time of America's en- 
trance into the war and measures for compulsory health insur- 
ance were earnestly advocated. This kind of insurance, however, 
has not as yet received the favorable attention of state legis- 
latures due in part possibly to the reaction against labor legislation. 

Through the efforts of Prof. John R. Commons, the Associa- 
tion has had a direct part in the establishment of the commission 
idea for enforcing general labor statutes and detailed committee 
orders including the centralized administration of accident pre- 
vention and compensation laws, a plan which has been steadily 
increasing in favor since its adoption by Wisconsin in 1911.^* 

To counteract the social malady of unemployment, the Associa- 
tion reported the establishment of public labor exchanges by 
twenty-three states and over twenty American cities.^^ In fact 
all important phases of the protective movement, including child 
labor, woman's work, minimum wage, etc., had been attacked in 
some degree at least, and appreciably advanced in the eight years 
since 1910. A complete study of the accomplishments of this 
character, however, must include not only the work of the Ameri- 
can Association for Labor Legislation and of allied social- wel- 
fare societies, but also that of labor organizations, among the 
foremost of which is the American Federation of Labor. Under 
the leadership of its President, Samuel Gompers, the American 
Federation of Labor has become one of the powerful institutions 
in American public life of the present day. Had it not been 

so7&tU, V, (4) p. 637. 

81 Ihid., Ill, (2) p. 149. 

^^Ihid., Ill, (2) p. 149. 

^^Ihid., V, (4) p. 637. 

8*/&zU, I, (4) pp. 61-69; III, (1) pp. 9-14, 39; III, (4) pp. 473-478. 

85 Ihid.y V, (3) Map opposite p. 481. 

90 



THE RELATION OF AMERICA 

for the potent influence of this organization compelling nation- 
wide attention to the rights and needs of American labor, the 
American Association for Labor Legislation would have found 
its task a far more difficult and less successful one than the 
present chapter describes. Although we do not attempt here to 
present the record of the American Federation of Labor, or of 
other labor organizations, it is not our wish to deny to them 
one iota of credit due them for their great work of safeguard- 
ing the interests of the working people.^^ We have outlined 
sufficient, however, to direct attention distinctly to one fact, 
which is that an extralegal institution like the American Associa- 
tion for Labor Legislation or the American Federation of Labor 
can never develop that uniformity of national labor law or supply 
the necessary sanction for its enforcement, to justify or make 
legal -the national engagement of an international protective 
labor treaty such as that prohibiting night-work for women. 

We have reserved for discussion in this connection that which 
constitutes the greatest achievement of the American Associa- 
tion from the standpoint of uniform national labor law. The 
passage of the Esch-Hughes Bill in Congress, April 9, 1912, levy- 
ing a prohibitive tax on matches containing white phosphorus 
and prohibiting the exportation or importation of the same, was 
the culmination of a campaign waged by the Association for 
several years. It availed to eradicate the evil. It is well to 
note that the states had not taken steps to impede their employ- 
ers in their competition with the industry of other states by the 
interdiction of the use of this poison in match manufactories, or 
to drive a manufacturer to move his concern from one state into 
another. Just as nations hesitate to place themselves through 
protective law at a disadvantage with competing industrial na- 
tions, so have states similarly hesitated because of the competition 
of other states. This was illustrated by the New York State 
compensation law of 1910, which was limited to industries not 
affected by interstate competition.^'' 

But when through the exercise of the taxing power the Federal 

38 For a study of industrial conditions in their relation to city life and 
organized labor see Lowe, Representative Industry and Trade Unionism 
of an American City, W. D. Gray, 106 Seventh Ave., New York City, N. Y. 

^-i Amer. Lab. Leg. Rev., I, (1) p. 60. 

91 



THE INTERNATIONAL PROTECTION OF LABOR 

Government found a way of working the uniform abolition of the 
use of white phosphorus, objection became inconsequential. How 
far would the reform have progressed by this time if it had been 
left to the individual action of each state? We know this: had 
there been attained in this particular that which has not been 
accomplished in respect of any single state labor law; viz., uni- 
formity through the passage of the same law by all the states, the 
ever possible revocation of the law by one or more legislatures 
would render the uniformity attained forty-eight times more 
uncertain than it is at the present time under federal enactment. 
This holds true of all law whose passage and enforcement de- 
pends upon the action of state governments instead of the Fed- 
eral Government. 

Thus while the national Government did not become party 
to the Bern Convention prohibiting the use of white phosphorus, 
the federal taxing power was used, for the first time,^^ to secure 
a social reform, which, as far as, the nation was concerned, 
proved practically equivalent to that which the Bern Convention 
might have introduced. This raises the question as to whether 
a satisfactory method has been found by which to obtain the 
benefits of international labor agreements. Can the good effects 
of the Bern Convention prohibiting the night-work of women be 
similarly introduced by the federal taxation of all articles pro- 
duced wholly or in part by this undesirable form of labor and 
entering into interstate commerce? The same question applies 
to the contemplated international conventions prohibiting night- 
work for young persons and limiting the day-work of such per- 
sons and women. 

A cursory consideration of the problem must make evident 
that, by the very nature of the case, the device which happened 
to be effective for the national prohibition of the use of white 
phosphorus and may prove equally so with reference to other in- 
dustrial poisons, is perhaps less suited to the solution of the other 
questions cited. The presence of poisonous material in a product 
may be determined readily and leaves the enforcement of the 
law a comparatively simple matter. But the other cases present 
an entirely different situation. To detect articles made wholly 

38/^^., IV, (4) p. 523. 

92 



THE RELATION OF AMERICA 

or in part by the night-work of women or the day-work of 
young people seems to demand as dihgent inspection of intra- 
state industry as would be required by the enforcement of a 
federal law directly prohibiting the labor in question. Neverthe- 
less, the United States prohibited child labor through this applica- 
tion of its taxing power. 



Do we then seem to be assuming the desirability of American 
adhesion to labor treaties? We do assume it, because of the 
arguments already presented in favor of such agreements; be- 
cause of Americans need of nation-wide reform in the protection 
of labor; and because by non-adhesion America remains a 
stumbling block to an international movement that holds at stake 
much of the welfare of a large proportion of the human race* 
America needs the movement; the movement needs America. 
The co-operative adoption of a labor reform by a dozen leading 
nations and colonies has been found to be a safe criterion as to 
the kind of reform that ought to be uniformly realized among 
the states of the American Union. When, furthermore, it has 
become the consensus of opinion of different peoples under 
widely varying conditions that industrial work by the female 
sex ought to be prohibited during certain periods of the twenty- 
four hour day, if for no other reasons than those of morality and 
physical health, and twelve countries and numerous colonies have 
entered into a compact to realize that end, and the United States 
is urged to adhere as an industrial power whose co-operation 
is sorely needed, what ought to be our answer? Does our con- 
stitutional system preordain a negative reply? 

Traditional methods of interpreting the Constitution -have 
placed serious obstacles in the path of the labor movement in 
America; but some of those difficulties already have been sur- 
mounted. The judge-made rules for which liability laws became 
a necessary antidote, have been mentioned and serve to illustrate 
how the effects of the American judicial system seemed to favor 

93 



THE INTERNATIONAL PROTECTION OF LABOR 

the rights of property as opposed to the rights of workman. 

Liability laws were succeeded by compensation laws, which 
had not merely judge-made doctrines but judge-made interpre- 
tations of the Constitution to overcome. A compensation law 
obligates the employer to pay a definite sum to indemnify an em- 
ployee injured in the course of his employment. The obligation 
to indemnify may lie even though the accident be traceable to a 
risk inherent in the business and not to any carelessness on the 
part of the employer. According to Article I, Section lo "no 
state shall pass any law impairing the obligation of contracts" 
(Constitution of the United States). A compensation law could 
be construed as an unjustifiable infringement of the "freedom of 
contract" between an employer and employee. And were this 
difficulty surmounted, such a law could still be held to be a 
violation of the Fourteenth Amendment: "nor shall any state 
deprive any person of life, liberty, or property, without due pro- 
cess of law, nor deny to any person within its jurisdiction equal 
protection of the laws." A law requiring an employer to in- 
demnify an employee injured, not because of any fault of the 
employer but simply as a result of the risk inherent in the 
business, could be construed to be an unjust deprivation of prop- 
erty in favor of an employee. If the compensation law covered 
employees in certain trades only, it might be attacked as class legis- 
lation denying "equal protection of the laws." If the law en- 
deavored to eliminate, as is its purpose, the expensive litigation 
incident to damage suits, it was exposed to the charge of attempt- 
ing to deny the constitutional right of citizens to trial by jury. 
Specific provisions of state constitutions presented in some cases 
greater obstacles than the United States Constitution. There is 
little doubt that two decades ago a compulsory workmen's com- 
pensation law would have been held unconstitutional by a vast 
majority of courts in the land. 

And yet compensation laws have steadily made their way over 
and above and through these constitutional difficulties, and are 
now on the statute books of over forty states of the Union; 
for, it was found that when the safety and welfare of a com;- 
munity demanded compensation laws, it could be made a valid 
exercise of the state's police power and a constitutional right to 

94 



THE RELATION OF AMERICA 

provide that security; and it was further discovered that in 
protective labor law^ as in other law, the final test of a constitu- 
tional interpretation, as the final test of the constitutionality of 
law, is its reasonableness. 

For the Federal Government to extend the domain of its law- 
making and law-enforcing power to intra-state industry so as 
to prohibit the night-work of women might now be interpreted 
as the exercise of an undelegated power and an unjustifiable 
and revolutionary interference with "state's rights;" but if the 
public interest and safety were one day to demand such regula- 
tion, it is conceivable that means may be found by which to make 
possible such an extension of federal authority.* 

If all other means fail, recourse may be had to a Constitutional 
Amendment giving the Federal Government indisputable author- 
ity to regulate conditions of labor within the states, or to subject 
American industry to the operation of international protective 
labor conventions. By virtue of the place that the United States 
now is assuming in the family of nations, we may be sure that 
it will be found increasingly necessary to regulate American 
labor conditions according to international standards. The world 
rightfully may demand this. Means for compliance must be 
forthcoming. 

*The difficulty can be obviated if the Supreme Court upholds labor 
treaties as "the supreme law of the land," in preference to "state's rights." 
According to Article vi, clause 2, of the Constitution of the United States, 
"all treaties made . . . under the authority of the United States shall 
be the supreme law of the land." 



95 



CHAPTER VL 

The Movement in Perspective 

Three steps essential to bring international labor law into 
successful operation are : 

(i) Collection and tabulation of statistics and information 
prerequisite to the drafting of scientific labor law; 

(2) Comparative study of the theory and practise of national 
law in order to derive therefrom suitable international laws ; 

(3) An effective sanction, or method of guaranteeing the 
international enforcement of the law. 

The work of the International Association on points (i) and 
(2) has been presented; but it is not our intention thereby to 
minimize the importance of the work done by other organizations 
and by governments in this field before and after the appearance 
of the International Association for Labor Legislation. 

In 1869 Massachusetts organized the first governmental Labor 
Bureau in the world for the systematic study of labor conditions 
and the compilation of statistics for presentation to a legislative 
body. A few years later the inspection and enforcement of labor 
law were included among the functions of similar state bureaus 
that in the meantime had been created. At present, such bureaus 
are common to almost every state in the United States. Not 
infrequently these bureaus, legislative committees for drafting 
labor law, together with other interested organizations, often in 
conjunction with or under the auspices of the American As- 
sociation for Labor Legislation, have held interstate conferences 
for the co-ordination and mutual advancement of their work. 
These conferences have been a potent factor making for uniform- 
ity of labor law in America. 

In 1884 (law of June 27, 1884), the United States Bureau of 
Labor ^ was established under the United States Department of 
Commerce. This was the first permanent Bureau of Statistics of 

1 First Annual Report of the Secretary of Labor, 1913, Washington, pp. 
8-9. 

96 



THE MOVEMENT IN PERSPECTIVE 

Labor created by a national Government^. Later (1888) an in- 
dependent department known as the Department of Labor was 
instituted with a Commissioner as chief and therefore not of a 
rank that would entitle him to a place in the Cabinet. In 1903 
the Department of Labor was transformed into the Bureau of 
Labor under the newly created Department of Commerce and 
Labor. For ten years the interests of the working class were 
represented by an executive Department to which was also en- 
trusted the care of employers' interests, until by Act of Congress 
Nov. 4, 1913, a separate Department of Labor was created with 
representation in the President's Cabinet. Various bureaus and 
governmental commissions such as the Interstate Commerce Com- 
mission and the Industrial Relations Commission, some perma- 
nent, others temporary, have been created from time to time to 
study or regulate various phases of national industry and labor, 
and to extend the scope of statistical data on American conditions. 
These federal as well as state institutions, beside many volun- 
tary organizations which the scope of this work precludes from 
specific mention, are all of prime importance in handling the 
protective movement in the United States. 

An English office for labor statistics was created in 1886 ; but 
the official British Bureau of Labor was not organized until 1893. 
Its official bulletin is The Labor Gazette. 

In 1896 Belgium established a Labor Bureau as an outgrowth 
of an office originally under the Department of Agriculture and 
Industry, but afterward identified with a separate Department 
of Labor. 

A governmental Commission for labor statistics was established 
in Germany in 1892. The Imperial Office of Statistics added a 
Division of Labor Statistics in 1902, which took over the func- 
tions of the Commission and became the first official Bureau of 
Labor. 

Austria has had a Bureau of Labor Statistics since 1908; 
Italy, since 1902; Sweden, since 1902; Norway, since 1903. In 
Spain, the Department of the Interior included a Labor Bureau 
(1894). In 1903 the Institute of Social Reform created (i) a 
Section of Statistics (2) a Section of Publications, (3) a Sec-^ 
tion of Inspection. 

2 Bulletin of the Bureau of Labor. No. 54, Sept 1904, Washington, pp. 
1023-1086. 

97 



THE INTERNATIONAL PROTECTION OF LABOR 

The French Superior Council of Commerce and Industry was 
formed in 1881, having consultative power, and after 1894, it 
collaborated with a permanent Consultative Commission; but 
the French Labor Office was not established until 1891. It had 
two separate departments, the one for service in the field, the 
other for making written inquiries and tabulating the results of 
both sections of the service. In 1900 this was transformed into 
the Department of Laboi with three Bureaus; viz., (i) Bureau 
of Labor and General Statistics, (2) Inspection of Labor, (3^ 
Trades Organizations and Councils of Prudhommes. 

Denmark formed a general statistical bureau in 1895, and Hol- 
land, in 1899. Other bureaus partaking of the nature of Labor 
Bureaus were organized in New South Wales (1892), New 
Zealand (1891), Canada (1900), and Ontario (1900). 

Thus we see that in the establishment of governmental labor 
offices for the systematic acquisition of information, an American 
state led the world, but in the formation of adequate protective 
law and in the efficient administration of such law, other countries 
have outstripped us. Of late years we have been rapidly making 
up for lost ground, and by taking proper steps we can bring 
ourselves fully abreast of the best protective labor law In the 
world ,and it may be our privilege and duty again to assume a 
position of leadership in these respects. 

Collaborating and co-operating with the International Associa- 
tion for Labor Legislation were other Associations, principally, 
the International Association on Social Insurance and the Inter- 
national Association on Unemployment, each attempting to do 
for its particular phase of the protective movement what the 
International Association for Labor Legislation undertakes fof 
the movement in general. 

The Association on Unemployment, which Is the more recent 
of the organizations, had official headquarters at Ghent and pub- 
lished a Bulletin (Paris) during 1911-1914, until the war inter- 
fered. Between 1910 and 1914 it underwent an interesting 
growth.' Organized* originally In France (Sept. 21, 1910), It 
established sections in seventeen countries. The American sec- 

^ Bulletin trimestriel de Vassociation Internationale pour la lutte contre 
le chomage. Avril-Juin, 1914. (Quarfrieme Annee, No, 2, p. 319-348). 
*App. II, Exh. 22. 

98 



THE MOVEMENT IN PERSPECTIVE 

tion has already been referred to f sections in Holland, Germany, 
Austria, Hungary, France, and Belgium published national bulle- 
tins, aside from the official international Bulletin of the Associa- 
tion. The purposes of the Organization included the establish- 
ment of an international office to serve as a clearing house for all 
valuable statistics or information relating to the national and 
international problems of unemployment, and to superintend the 
summoning of conferences, the stimulation of investigation local- 
ly as a preliminary to national and international measures, the 
education of the public, and the promotion of treaties whenever 
they might be found to constitute a desirable means of combatting 
the evil. 

This movement to protect the unemployed made great 
strides in a few years.® In 1912 England put into operation 
the first national system of compulsory insurance against unem.- 
ployment. For a number of years previous to this, Norway and 
Denmark had national laws regulating voluntary insurance of 
this type, while voluntary unemployment insurance by workmen's 
societies with public subsidy but without legal regulation existed 
by 1914 in Luxemburg, France, Holland, Belgium, Switzerland 
and Italy. Switzerland had public voluntary unemployment 
funds. In Germany there were systems of communal unem- 
ployment insurance with subsidies for industrial societies and 
social organizations. The relative merits of compulsory and 
voluntary unemployment insurance are seriously disputed; the 
voluntary method was represented by the system in vogue in 
Ghent and commonly known as the "Ghent system," which oper- 
ates upon the principle of the subsidization by public bodies of 
the unemployment insurance funds of industrial unions. From 
the above facts it is evident that this system had been adopted 
more generally than any other. Aside from insurance, another 
one of the goals aimed at by supporters of the cause is an 
international organization of city, national, and international 
labor exchanges so co-ordinated as to regulate the migrations of 
unemployed labor in every part of the world to the mutual ad- 
vantage of States, workmen, and employers. 

5 See p. 88. 

^Am. Leg. Rev., IV, (2) pp. 375-387. 

99 



THE INTERNATIONAL PROTECTION OF LABOR 

After Germany's introduction of compulsory social insurance 
in the 8o's, the question of state insurance became one of general 
interest to European nations, and in order to render possible an 
exchange of views and experimental knowledge on the subject, 
the First International Congress on Accidents to Labor and Work- 
men's Insurance was convened at Paris in 1889 ^-t the time of 
the universal Paris Exposition. A series of biennial congresses 
have followed from this beginning under the auspices of a 
permanent committee created at that time and which has since 
developed into the International Association on Social Insurance 
having its principal offices at Paris. (Permanent Committee on 
Social Insurance)^ Its quarterly Bulletins and reports of its 
proceedings have covered the field of social reform in a most 
thorough manner. 

In concluding our survey of the various aspects of the inter- 
national movement for the legal protection of labor, it remains 
to note what the immediate tasks for the future seem to be and 
what the lessons taught by the past. In the first important stage 
of the movement between 1880 and 1890, greatest unanimity of 
opinion obtained in support of five propositions constantly re- 
peated In the various resolutions of the period. Those propo- 
sitions stood for the establishment by international agreement of : 

( 1 ) Fourteen years as the minimum age for the admission of 
children into industry ; 

(2) A maximum workday, (with opinion about equally di- 
vided as to whether it should be an eight-hour or a ten-hour day) ; 

(3) Weekly rest; 

(4) Prohibition of the night-work of women; 

(5) Protection of the laborer against the dangers of his oc- 
cupation. 

Number 4 (prohibition of night- work for women) has been 
realized by international agreement. Through workmen's insur- 
ance and protection against poisonous phosphorus, No. 5 (protec- 
tion against dangers of occupation) has been partially fulfilled. 
No. I (making fourteen the minimum age limit for child labor) 
was proposed for application to children's night-work by the out- 
lines drawn up at the last conference at Bern (Sept. 15, 1913). 

'f Am, Leg. Rev., IV, (I) pp. 161-173. 

100 



THE MOVEMENT IN PERSPECTIVE 

The prohibition of the industrial employment of children under 
fourteen years of age was incorporated in one of the draft con- 
ventions approved by the International Labor Conference of the 
League of Nations at Washington, D. C, in 1919. No. 2 (the 
maximum workday) was the subject of a draft convention of 
this Conference limiting the hours of work to eight in the day 
and forty-eight in the week. No. 3 (the question of weekly 
rest) constituted a problem the solution of which the Washing- 
ton Conference did not undertake. 

In the period extending from 1890 to 1920, ten other prin- 
ciples became prominent topics for consideration by the advo- 
cates of international labor legislation: 

(1) International exchange of facts relating to labor legis- 
lation and the administration of labor laws; 

(2) Protection against industrial poisons, particularly white 
lead and white phosphorus ; 

(3) Establishment of the principle of the equal treatment of 
foreigners and citizens before the social insurance (particularly 
accident insurance) laws of each country. 

(4) Systematic inspection and regulation of home work; 

(5) Prohibition of the night- work of young persons; 

(6) Limitation of day-work of women and young persons ; 

(7) Problem of unemployment; 

(8) Employment of women before and after childbirth; 

(9) Protection for seamen; 

(10) Problem of a sanction. 

Of these propositions, No. 1 (exchange of labor data) has 
been reahzed in part by international agreement and in part by 
practise. Article 396 of the Peace Treaty provides that the 
functions of the International Labor Office of the League of 
Nations "shall include the collection and distribution of informa- 
tion on all subjects relating to the international adjustment of 
conditions of industrial life and labor...." No. 2 (protection 
against industrial poisons) has been partially realized by an inter- 
national agreement concerning the prohibition of the use of 
white phosphorus in the manufacture of matches. Recommen- 
dations concerning the prevention of anthrax and the protection 

101 



THE INTERNATIONAL PROTECTION OF LABOR 

of women and children against lead poisoning were adopted by 
the Conference at Washington. This Conference also approved 
a recommendation concerning the establishment of government 
health services. No. 3 (equality of treatment of aliens and citi- 
zens with respect to insurance laws) has been extensively realized 
by bipartite treaties between different countries. The Washing- 
ton Conference adopted a recommendation favoring reciprocity 
in admitting alien workers to the benefit of protective laws. No. 
4 (home work) remained a subject for further investigation. 
No. 5 (prohibition of the night-work of young persons under 
eighteen years of age) was the subject of a draft convention 
approved at Washington. No. 6 (limitation of the day work of 
women and young persons) was dealt with by the draft conven- 
tion of Bern in 1913, which provided for a maximum ten-hour 
workday for women and young persons under sixteen years 
of age. The war prevented its adoption as an international 
convention. A draft convention drawn up at Washington pro- 
vided for a maximum eight-hour workday for persons employed 
in public or private industrial undertakings, and so rendered the 
revival of the older convention unnecessary. No. 7 (problem of 
unemployment), and No. 8 (employment of women and children 
before and after childbirth) also formed the subjects of draft 
conventions approved at Washington.* No. 9 (protection for 
seamen) was covered by the second International Labor Confer- 
ence of the League of Nations, held at Genoa,* June 15th to 
July 10th, 1920. This Conference adopted three draft conven- 
tions for the protection of seamen to be ratified by the members 
of the League, and also four recommendations to be submitted 
to these countries with a view to effect being given them by 
national legislation. 

Number 10 is the question of a sanction, or that which is to 
secure the international enforcement of labor laws which have 
been adopted by the common consent of nations. International 
law has been popularly conceived as possessing but an inchoate 
sanction at best. The solution of this problem, which has been 

*For a discussion of the subsequent proceedings of the International 
Labor Organization, see the Introduction, pp. xxxvii-xliii. 

102 



THE MOVEMENT IN PERSPECTIVE 

deemed a principal difficulty in most international movements, 
has constituted one of the most interesting and hopeful features 
of the international labor movement. The social reformers and 
public-spirited men who were leaders in this movement recognized 
two principles : 

(1) Public opinion is the fundamental sanction of interna- 
tional agreements; 

(2) That sanction can be made effective only by an efficient 
organization through which the public will can express itself. 

Although the meetings of socialists and of international trade 
unions frequently declared themselves in favor of international 
labor legislation, they did not furnish the efficient organization 
through which the public actually secured the adoption of such 
legislation. The agitation of socialists for international action 
to achieve the political aims of socialism and the efforts of 
unionists to obtain legislation favorable to themselves among 
different nations furnished what may be termed the background 
of the movement to protect labor by international laws. A few 
governments, notably that of Switzerland, exerted a great in- 
fluence in favor of such legislation; but the organization which 
proved the most effective channel for the expression of public 
opinion and the most efficient agent in obtaining the official adop- 
tion of international labor laws was the International Association 
for Labor Legislation. Before the war the sanction that had 
proved effective in securing the enforcement of international 
labor legislation embodied the interpretation and education of 
public opinion through the International Labor Office of this' 
Association, functioning continuously in the endeavor to keep 
men of affairs and institutions in every part of the world in 
touch with important statutes, opinions and events, which had any 
direct bearing upon the aims of the international labor movement. 
Action with reference to these events and aims was secured 
through the national sections of the Association in various coun- 
tries and through international congresses. The Association 
gained its ends largely by bringing pressure to bear upon public 
officials and governments. Although the national sections labored 
for improved conditions in the various countries, the Association 

103 



THE INTERNATIONAL PROTECTION OF LABOR 

recognized that the protection of labor through international laws 

was the ultimate goal of its efforts. 

The International Association for Labor Legislation, like all 

human institutions, had its defects, and critics did not fail to 

point them out. For example, Mr. L. S. Woolf in his work 

International Government published by the Fabian Society said: 

It would not be unfair to say that within the Associa- 
tion the impetus comes mainly from peoples who can be described 
as "social reformers" and secondly from Labour. The capitalist and 
employing interest is hardly represented at all. This can best be 
shown by a consideration of the membership of the British Section. 
It will be found that the individual members are almost all social 
reformers, while the affiliated societies consist of nearly thirty labour 
organizations, nearly ten societies of which the object is some kind 
of social reform, and only one association of employers. The result 
is that at a general meeting of the International Committee you do 
not find the great captains of industry present or the national federa- 
tions of capitalists and employers represented, and the conferences 
are composed of the delegates of Governments, social reformers, 
representatives of organized labour, and a very few of the more en- 
lightened employers. 

We shall see that this criticism concerning the representation 
of employers does not apply to the new International Labor 
Organization created by the Peace Treaty, in which capital has 
equal representation with labor. 

The war interrupted the activities of the International Associa- 
tion for Labor Legislation and caused the suspension of national 
and international labor laws, demonstrating that protective labor 
institutions cannot function properly except in times of peace. 
The movements for the maintenance of peace and for the inter- 
national protection of labor are so interdependent that any league 
for the peaceful control of international activities would be fore- 
doomed to failure if it alienated a large proportion of the work- 
ing classes of the earth by omitting an adequate program for 
the international conservation of proper labor standards. 

Therefore it is not strange that one of the principal subjects 
covered by the Peace Treaty of 1919 is the international regula- 
tion of industrial conditions and the international protection of 
labor for the avowed purpose of maintaining universal peace, 
because, as stated in the preamble to the labor section of the 
Treaty, ''such a peace can be established only if it is based upon 
social justice." The Peace Treaty consists of fifteen parts. Part 

104 



THE MOVEMENT IN PERSPECTIVE 

I is the Covenant of the League of Nations. In Article 23 of 
this Covenant is a clause stating that the members of the League 
"will endeavor to secure and maintain fair and humane conditions 
of labor for men, women and children, both in their own coun- 
tries and in all countries to which their commercial and indus- 
trial relations extend, and for that purpose will establish and 
maintain the necessary international organizations." Part XIII* 
of the Peace Treaty fulfills this pledge by creating a permanent 
official International Labor Organization to which all members 
of the League of Nations must belong. This Labor Organization 
consists of: 

(1) A General Conference of Representatives of the Mem- 
bers of the League ; 

(2) An International Labor Office controlled by a Governing 
Body and located at Geneva, the seat of the League of Nations. 

Thus the Treaty of Peace gives the League of Nations instru- 
ments similar to those which the International Association for 
Labor Legislation had proved to be most effective for interna- 
tional labor regulation. The International Association for Labor 
Legislation has not ceased to exist, but it has surrendered certain 
of its former activities to the larger organization. The private 
International Labor Office has given the right of way to the 
official International Labor Office, and the meetings called 
through the initiative of the Association have been superseded 
in their task of drawing up draft conventions by the official 
meetings of the General Conference of the Labor Organization 
of the League. 

This General Conference is to meet at least once every year. 
Every member of the League appoints four delegates, two of 
whom represent the government, while the two others represent 
respectively the employers and employees of the nation. Thus 
capital and labor together have the same voting strength as the 
government, for each delegate votes individually. The repre- 
sentatives of employers and workers are to be chosen by the 

*For Part XIII of the Peace Treaty, see the Supplement, p. 401. 
The benefits of existing social insurance are guaranteed to workers 
in ceded German territories by Article 312 Avhich is not in Part XIII 
of the Treaty. 

105 



THE INTERNATIONAL PROTECTION OF LABOR 

government In agreement with the industrial organizations "which 
are most representative of employers or workpeoples" (Art. 389). 
Delegates may be accompanied by advisers who "shall not speak 
except on a request made by the delegate whom they accompany 
and by the special authorization of the President of the Con- 
ference, and may not vote" (Art. 389). Advisers are allowed 
to speak and vote when they act as deputies of their delegates. 
Decisions in the General Conference are reached by majority vote 
of the delegates save for five special exceptions in which a two- 
thirds vote is required: 

(1) "The credentials of delegates and their advisers shall be 
subject to scrutiny by the Conference, which may by two-thirds 
of the votes cast by the delegates present, refuse to admit any 
delegate or adviser whom it deems not to have been nominated 
in accordance with this Article." (Art. 389). 

(2) "The meetings of the Conference shall be held at the 
seat of the League of Nations, or at such other place as may be 
decided by the Conference at a previous meeting by two-thirds 
of the votes cast by the delegates present." (Art 391). 

(3) If any government objects to any items on the proposed 
agenda of a coming conference, such items may not be considered 
unless "at the Conference a majority of two-thirds of the votes 
cast by the delegates present is in favor of considering them. 

"If the Conference decides (otherwise than under the preced- 
ing paragraph) by two-thirds of the votes cast by the delegates 
present that any subject shall be considered by the Conference, 
that subject shall be included in the agenda for the following 
meeting." (Art 402). 

(4) "When the Conference has decided on the adoption of 
proposals with regard to an item in the agenda, it will rest with 
the Conference to determine whether these proposals shall take 
the form: (a) of a recommendation to be submitted to the mem- 
bers for consideration with a view to effect being given to it by 
national legislation or otherwise, or (b) of a draft international 
convention for ratification by the members. 

"In either case a majority of two-thirds of the votes cast by 
the delegates present shall be necessary on the final vote for the 

106 



THE MOVEMENT IN PERSPECTIVE 

adoption of the recommendation or draft convention, as the case 
may be, by the Conference." (Art. 405). 

(5) "Amendments to this Part of the present Treaty which 
are adopfed by the Conference by a majority of two-thirds of 
the votes cast by the delegates present shall take effect when 
ratified by the States whose representatives compose the Council 
of the League of Nations and by three-fourths of the members." 
(Art. 422). 

The International Labor Office is controlled by a Governing 
Body consisting of twenty-four persons, eight of whom represent 
the governments of the nations of chief industrial importance. 
In case of any dispute as to which nations are of chief industrial 
importance, the Council of the League of Nations decides. The 
nations selected at the first meeting of the General Conference 
in Washington in 1919 as belonging to this class were: Belgium, 
France, Great Britain, Italy, Japan, Germany, Switzerland, and 
pending the appointment of a representative of the United States, 
Denmark. The failure of the United States to join the League 
of Nations precluded it from participation in the official activi- 
ties of the Labor Organization of the League. Although Honor- 
able William B. Wilson, Secretary of Labor of the United States, 
was the presiding officer of the Washington Conference, no 
official delegates of the United States were present. The mem- 
bers not included among the eight governments of the chief in- 
dustrial importance are represented upon the Governing Body 
of the Labor Office by four delegates of countries selected by 
the delegates to the General Conference who do not represent 
the "Big Eight." The four representatives chosen in 1919 were 
delegates from Spain, Argentina, Canada, and Poland. Of the 
remaining twelve members of the Governing Body, six are chosen 
by the delegates to the General Conference who represent the 
employers, and six by the delegates who represent labor. The 
term of office of each member of the Governing Body is three 
years. The Governing Body chooses one of its own members to 
act as chairman, regulates its own procedure, and determines its 
own times of meeting. Special meetings are held upon the written 
request of at least ten of its members. The Governing Body 

107 



THE INTERNATIONAL PROTECTION OF LABOR 

also appoints the Director of the International Labor Office. The 
Director chooses the staff which must include women appointees. 
He acts as secretary of the Conference. Besides the collection 
and distribution of information, the duties of the Labor Office 
include preparing the agenda for meetings of the general Con- 
ference (with a view to the conclusion of international conven- 
tions), editing and publishing in French and English a periodical 
paper, executing the measures prescribed for the settlement of 
international disputes, and such other tasks as the Conference 
may assign. Correspondence between the government of any 
member and the Director is carried on through the government 
representatives on the Governing Body, or through officials nomi- 
nated by the government for this purpose. The Labor Office is 
"entitled to the assistance of the Secretary-General of the League 
of Nations in any matter in which it can be given." (Art. 398). 
The expenses incurred by the Labor Office are paid to the 
Director by the Secretary-General out of the general funds of 
the League. The Director is of course responsible to the Secre- 
tary-General for the proper expenditure of such money. 

The Governing Body was organized November 25, 1919, at 
Washington with Arthur Fontaine (France) as permanent chair- 
man. From January 26 to 28, 1920, it met in Paris, where it 
formally adopted the draft conventions and recommendations 
passed by the Washington Conference, and confirmed the ap- 
pointment of Mr. Albert Thomas who had been provisionally 
selected as Director of the International Labor Office. Mr. 
Thomas describes* the work of the Office as being carried on 
by a Diplomatic Section and a Scientific or Intelligence Section 
besides numerous Technical Sections consisting of specialized 
staffs. It is the duty of the Diplomatic Section to make all neces- 
sary preparations for the annual International Labor Conference, 
to submit agenda, to prepare reports, to draft conventions for 
consideration at the Conference, and to see that the international 
labor laws are properly enforced. The duties of the Scientific 
or Intelligence Section consist in collecting, publishing and dis- 
tributing important information relating to the labor movement. 

*Solano, "Labor as an International Problem," pp. 249-270. 

108 



THE MOVEMENT IN PERSPECTIVE 

The General Conference may prepare draft conventions to be 
submitted for ratification to the members of the League of Na- 
tions, and it may draw up recommendations for consideration 
with a view to their adoption by the national legislatures of the 
members of the League. Each member of the League agrees, 
within one year if possible, and at least within eighteen months 
from the closing of the Conference, to submit the recommenda- 
tions or draft conventions to the competent national authorities 
for legislative enactment or for other action. If after its best 
endeavors, a member of the League fails to obtain the legislative 
or administrative action necessary for its adoption of a recom- 
mendation or for its adherence to a proposed convention, its 
obligation ceases. Moreover, in the case of a federal state, the 
power of which to enter into an international labor agreement is 
limited because of its constitutional system, special exception is 
made by which the draft convention may be treated as a recom- 
mendation only. 

If any organization of employers or workers files a complaint 
with the International Labor Office that any member of the 
League is failing in the proper enforcement of a convention which 
it has ratified, the Governing Body may request the accused gov- 
ernment to state its view of the case. If no satisfactory statement 
or explanation is received within a reasonable time, the Govern- 
ing Body may publish the charge and such statements or replies, 
if any, that were made with reference to it. If the complaint 
is made by a member of the League or if it originates with the 
Governing Body itself, the procedure just described may be fol- 
lowed, or the Governing Body may apply to the Secretary-General 
of the League for the appointment of a Commission of Enquiry. 
Each member of the League agrees to nominate "three persons 
of industrial experience, of whom one shall be a representative of 
employers, one a representative of workers, and one a person of 
independent standing, who shall together form a panel from 
vv^hich the members of the Commission of Enquiry shall be 
drawn." The Governing Body may reject any of the nominees 
by a two-thirds vote. "Upon the application of the Governing 
Body, the Secretary-General of the League of Nations shall nomi- 

109 



THE INTERNATIONAL PROTECTION OF LABOR 

nate three persons, one from each section of this panel, to con- 
stitute the Commission of Enquiry, and shall designate one of 
them as the President of the Commission. None of these three 
persons shall be a person nominated to the panel by any member 
directly concerned in the complaint." (Art. 412). 

It is the task of the Commission of Enquiry to investigate the 
question at issue between the parties, to prepare a report con- 
taining its findings and recommendations, and to indicate "the 
measures, if any, of an economic character against a defaulting 
government which it considers to be appropriate, and which it 
considers other governments would be justified in adopting." 
(Art. 414). In case the recommendations of the Commission of 
Enquiry are not acceptable to any of the governments concerned 
in the complaint, the matter may be referred to the Permanent 
Court of International Justice, the decision of which is final. 
Moreover if any member of the League fails to take proper action 
with reference to recommendations or draft conventions, any 
other member has the right to refer the matter to this Court. 

"In the event of any member failing to carry out within the 
time specified the recommendations, if any, contained in the re- 
port of the Commission of Enquiry, or in the decision of the 
Permanent Court of International Justice, as the case may be, any 
other member may take against that member the measures of an 
economic character indicated in the report of the Commission or 
in the decision of the Court as appropriate to the case." (Art. 
419). Pending the creation of the Permanent Court, disputes 
are referred to a tribunal of three persons appointed by the 
Council of the League. 

By these provisions of the Treaty of Peace international labor 
legislation was accorded an official sanction. The labor section 
of the Treaty has been popularly called the "Labor Charter" and 
the "Magna Charta of Labor." Under the official direction of 
the members of the League of Nations the movement to protect 
labor through international legislation entered upon a new epoch 
in its history.* 

*For a discussion of the subsequent proceedings of the International 
Labor Organization, see the Introduction, pp. xxxvii-xliii. 

110 



ILLUSTRATIONS 



Plate I 

The Effects of Phosphorus Poisoning 

Plate II 
Health Insurance in Europe Previous to 1918 

Plate III 

Legal Limitation of Daily Working Hours for Women 
in the United States in 1918 

Plate IV 
Workmen's Compensation Laws in the United States in 1918 



THIS OCCUPATIONAL DISEASE HAS BEEN 
ABOLISHED 

THROUGH THE EFFORTS OF THE ASSOCIATION FOR 
LABOR LEGISLATION 




Rose C. 
This young mother, to support her children after their father's death, 
went to work in a match factory. After four years' work she had to have 
her upper jaw cut out. At the age of 36 she was forced to look for work 
suited to the strength of a woman who must subsist the remainder of her 
life on liquid food. 



r 





John W. 

After working one year and four months in an Ohio match factory he 
•contracted "phossy jaw," and underwent an operation. He sued the cor- 
poration but received not one penny, 

"PHOSSY JAW" 

■ The Disease Which Formerly Menaced Workers in 

Match Factories Where Poisonous Phosphorus Was Used 



{Courtesy American Association for Labor Legislation.) 




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PART II 



International Labor Legislation 



CHAPTER I 

CONVENTIONS SIGNED AT BERN* 

Conference of Bern. May S-ij, ipo§. 

' In the spring of 1905, fifteen European States assembled their 
representatives behind closed doors at the Conference of Bern 
with the object of outhning international conventions to prohibit 
the use of white phosphorus in the manufacture of matches and 
also to interdict the night-work of women. The sessions were 
secret, in deference to the earnest solicitation of British delegates, 
and not because of any fear in this instance lest the diplomats 
might have in mind the perpetration of acts of which to be 
ashamed. It was optional with the conferees to conclude con- 
ventions on the spot, reserving of course the exchange of ratifi- 
cations to their governments ; or to draft, under the scrutiny and 
approval of technical experts, tentative agreements, leaving it to 
the governments to transform the same into conventions by 
direct negotiations ; or merely to draw up non-obhgatory resolu- 
tions.^ The second of these three courses of possible action 
was that unanimously adopted. It is interesting to note that even 
Belgium, whose representative at the Conference of Berlin (1890) 
had protested against the aim of giving practical effect to the 
resolutions there formulated, emphatically acceded to the action 
now proposed. Although the outlines of the agreements in view 
were prepared with the prospect of their probable revision, it 
v/as nevertheless understood that by their signatures the dele- 
gates pledged their governments to a decision on the matter of 
adhesion or non-adhesion, with the presumption in favor of their 
adhesion to, and international execution of, the principles sub- 

* For copies of the Conventions, see Appendices. 
^G.B. Bd. IV, (1905) S. I. 

112 



CONVENTIONS SIGNED AT BERN 

scribed. This presumption gained additional force from the fact 
that many governments had deputed to the Conference officials 
or parliamentarians of high rank and recognized predilection for 
the project of regulating labor by means of treaties. Therefore in 
the deliberations of this body there was something more at stake 
than the mere discussion of the "whys and wherefores" of the 
international regulation of labor, or the passage of a laudable 
voeu as a grand finale of the session ; it was to make the original 
drafts ^ of labor conventions destined not only to become law in 
a majority of the nations of Europe as well as in many of their 
colonial possessions, but also the first international conventions 
ever executed ^ by a number of parties, for the avowed and 
sole purpose of internationally protecting labor. 

The Conference divided into two committees for the tasks 
in hand. Considerable difficulty arose with regard to the aboli- 
tion of white (yellow) phosphorus from industry, due to the com- 
peting interests of the different States. Neither of the two late 
belligerents in the Far East, Japan and Russia, being present, 
the participation of either of them in the proposed measures was 
entirely problematical, while at the same time it was recognized 
that any restriction of the employment of white phosphorus, 
exclusive of Japan, would cause serious prejudice to the trade 
of England, Hungary, and Norway. An agreement, however, 
was finally reached, by the articles of which it would become 
imlawful, after Dec. 31, 1910, to import (introduire) , manufac- 
ture, or offer for sale matches containing white or, as the Ger- 
mans termed it, yellow phosphorus; provided all the countries 
represented at the meeting, and also Japan, should adhere and 
deposit their record of ratification by Dec. 31, 1907, thereby 
agreeing to put the Convention into actual operation three years 
after that date, viz., on Jan. i, 191 1. But in this connection the 
spokesman of the committee took pains to intimate that failure 
in the immediate fulfillment of certain of these conditions would 
not necessarily preclude the Convention's ultimate realization. 

The States which refused to sign the phosphorus pact were 

2 G. B. Bd. IV, pp. 1-2. 

3 In this volume the terms "execute" and "execution" in reference to 
treaties are not used to connote the act of "signing," but rather of "bring- 
ing into force." 

113 



THE INTERNATIONAL PROTECTION OF LABOR 

Denmark, which observed the failure of such an attempt in cer- 
tain of its possessions, and Norway, Sweden, and Great Britain. 
The States adhering were : Germany, Austria, Hungary, France, 
Spain, Belgium, Holland, Luxemburg, Italy, Portugal, and Swit- 
zerland.* 

The agreement relative to the night- work of women did not 
yield to as concise and brief a statement as its contemporary. 
The first Article placed a sweeping interdiction upon industrial 
night- work for all women, debarring exceptions subjoined. The 
adoption of this measure presaged the advent of radical reform in 
legislation among many of the countries. Spain prohibited the 
night-work of females under the age of fourteen only; Luxem- 
burg and Hungary, under sixteen; Denmark, Norway and 
Sweden under eighteen ; Portugal and Belgium under twenty-one. 
Article I further designated as subject to this prohibition all 
industrial enterprises employing more than ten laborers, exclud- 
ing such as engaged only members of the occupier's own im- 
mediate family. The quest for a satisfactory basis by which 
to delimit the application of the law was fraught with no little 
difficulty since great dissimilarity prevailed among the standards 
employed by different countries in reference to the work of 
women. Great Britain, France, and Holland prohibited the 
night- work of the sex in large and small industries ; in Belgium, 
generally speaking, the statutes forbade it to the young, which 
was likewise the basis of prohibition in Spain and Luxemburg; 
in Denmark, Italy, and Portugal, prohibitory law confined itself 
to establishments employing over five workers or using power- 
driven machinery; in Switzerland it applied to manufactories 
having more than five workers with power-driven machinery or 
with employees under eighteen years of age, or having more than 
ten workers without power-driven machinery; in Austria and 
Hungary, it involved establishments with more than twenty labor- 
ers, power-driven machinery, or with labor shifts, etc.; while in 
Germany, Norway, and Sweden, still other regulations obtained 
less definite but pertaining to enterprises possessed of the char- 

*The following States had previously passed laws prohibiting or 
restricting the use of white phosphorus in the match industry: Germany 
(1903, but to take effect in 1907), France (1898), Holland (1901), Switzer- 
land (1898), Denmark (1874). 

114 



CONVENTIONS SIGNED AT BERN 

acteristics of large-scale industry. The committee, after review- 
ing this diversity in legislation, excluded from the scope of the 
agreement industries employing not more than ten laborers, on 
the grounds that such supplied the local market only, were not 
of international concern, and employed but a minor percentage 
of the feminine working population anyway. The use of power- 
driven machinery was found to offer no satisfactory basis of 
demarcation since the use of small motors and electrical devices 
had become so universal that the smallest industries and home 
shops would thereby become included in international regulation, 
while the number of female employees thereby protected would 
be negligible. Regulation of such small concerns was held to 
belong to the domain of the individual states. Having thus de- 
termined the size of the industrial enterprises comprehended. 
Article I next indicated the general categories of business con- 
templated by the term, "industrial enterprise," specifying as in- 
cluded therein, mines, quarries, and manufacturing establish- 
ments, to the exclusion of purely agricultural or commercial un- 
dertakings. The spokesman of the committee explained that 
the manufacture of raw sugar from beets would be classified as 
an industrial enterprise, while the hotel business on the other 
hand would be without the meaning of the regulation. The 
precise delimitation, however, of these categories is left to the 
legislation of each State. 

Article II stipulated that the legal international night of rest 
for women was to be of eleven hours* duration, including in all 
cases the hours between lo p.m. and 5 a.m. Switzerland had pro- 
posed an invariable period of rest extending from 8 p.m. to 6 
a.m.; but fortunately the above device w^as hit upon for both 
rigidity and elasticity of regulation at one and the same time; 
the clause adopted leaves it to each nation to arrange certain of 
the hours of the international night to suit the convenience of its 
industry, while other hours, vi:s,, from 10 p.m. to 5 a.m., essen- 
tial to the rest of the worker, are made determinate and obliga- 
tory in all countries irrespective of their industrial peculiarities. 
Thus concomitant and consistent with its rigidity and uniformity 
of regulation, the instrument leaves to each nation the option of 
fixing the international night between eight or more differing pe- 

"5 



THE INTERNATIONAL PROTECTION OF LABOR 

riods of time, namely, 6 p.m.-5 a.m. ; 6^-5^ ; y-6\ 7^-6^ ; 8-7; 
8j^-7^ ; 9-8 ; 10-9. Moreover, eleven hours constitute merely the 
legal minimum ; it is optional with each State to extend the period 
of rest if desired. This elasticity was designed to render the 
agreement applicable to all countries, whether of frigid or equa- 
torial temperature; and when later at the Diplomatic Conference 
in 1906 it was transformed into a Convention, there were added 
provisions that made for its still greater adaptableness in this 
respect. It should be noted that these observations with reference 
to the outlines apply with equal force to this Convention, of which 
they were but the precursor and which subsequently became 
law between the nations. 

The method just described of defining the international night 
was without precedent. In all the legislation of the States, such 
periods of uninterrupted rest had been established by stipulating 
the time from a definite evening hour to a definite morning hour ; 
e.g.y two States had chosen the hour from 7 p.m. to 5 a.m. ; six 
States, 8-6; one, Sy^S/^ ; one, 8-5 ; four, 9-5 ; and one, 9-6. 

The exceptions to the prohibition of women's night- work were 
provided for in Section 2 of Article II and in Articles III-V. For 
the sake of signatories having no law covering the night-work 
of adult females, the length of the night's rest could be limited 
to ten hours for a transitional period of three years, which would 
obviously be reckoned from the time of the Convention's exe- 
cution, Jan. I, 191 1, and would consequently extend to Jan. I, 
1914.^ Exemptions from the prohibition's operation might also 
be made in cases of extreme necessity, or when required to avert 
the otherwise inevitable loss of materials susceptible of rapid de- 
terioration, while for industries subject to the influence of the sea- 
sons as well as for any industry under unusual circumstances, 
the length of nocturnal rest might be reduced to ten hours during 
sixty days in the year. Moreover, in providing for the deposi- 
tion of ratifications not later than Dec. 31, 1907,^ three years sub- 
sequent to which the Convention would come into force (Jan. I, 
191 1 ) ,^ it was stated that in so far as its terms applied to manu- 
factories of raw beet sugar, wool combing and weaving estab- 
lishments, or open works of mining operations suspended at 
least four months in the year on account of climatic conditions, 

* These dates were later changed. 

116 



CONVENTIONS SIGNED AT BERN 

the three-year interim between the deposition of ratifications and 
subsequent execution might be extended to ten years. 

The signers of this draft convention were : Denmark, Austria, 
Hungary, Belgium, Germany, Italy, France, Spain, Luxemburg, 
Norway, Holland, Portugal, Switzerland. The representatives 
of Great Britain declared their lack of authority to sign but 
maintained that the British Government shared the sentiments 
which animated the Conference. Sweden's delegates similarly 
voiced the hope that the principles advocated by the Conference 
would succeed to adoption by their country, perhaps before the 
expiration of the time provided by the instrument. The United 
States was not represented in these deliberations. 

Intervening Events. 

In a Circular Note ® of June 26, 1905, the Swiss Federal Coun- 
cil proposed to the powers the convocation of a diplomatic con- 
ference to enact the preceding tentative agreements into real Con- 
ventions. Under date of June 14, 1906,^ another Circular Letter 
recorded the results of the proposal to the effect that favorable 
replies had been received from Germany, Austria, Hungary, 
France, Belgium, Denmark, Italy, Luxemburg, Switzerland and 
the Netherlands. Portugal and Sweden were ready to accede 
to*the agreement that related to the work of women; Norway 
sympathizd with the movement, but was not ready to participate ; 
the United Kingdom was ready to adhere to the prohibition of 
the night- work of women under certain conditions. In her 
conditions, England stipulated that all the States engaged in 
international competition should adhere; that the adhesion of 
other States, in which certain industries might develop, should 
be made possible ; and that there should be a sufficient guarantee 
that the provisions of the Convention would be executed. Fur- 
thermore, the British Government asked that some conclusion 
be arrived at both with respect to the period during which the 
Convention should apply and the feasibility of instituting a stand- 
ing commission to investigate alleged contraventions of the same 



«£. B. I, (7-8) p. XXXII. 
Uhid., pp. XXXII— XXXIII. 



117 



THE INTERNATIONAL PROTECTION OF LABOR 

as well as to propose whatever amendments chemical or mechani- 
cal inventions might make necessary from time to time. With 
reference to the interdiction of the use of white phosphorus the 
Government refused to express an opinion. 

On June 12, 1906, Mr. Sarrien of the French Cabinet known 
by his name referred to the Bern Conventions in the following 
language : * 

"The conflicts between capital and labor are becoming daily 
more frequent and more acute, they run the risk of affecting 
adversely the prosperity of commerce and industry, and we be- 
lieve that it is time to study seriously the means of preventing 
their return. . . . 

". . . Economic problems are playing every day a more im- 
portant role in the equilibrium of the world, and certain social 
questions cannot be completely solved by international legisla- 
tion without an international agreement. 

". . . An initial step is being taken in this direction on the 
initiative of the Committee of the International Association for 
the Legal Protection of Labor. A* Convention has been drafted 
with a view to insuring the prohibition of the industrial night- 
work of women, as well as the prohibition of the use of white 
phosphorus in the manufacture of matches. The 5th of last April 
we made known that the Republic would give its definite and un- 
reserved adhesion to that Convention. 

"We shall seek to extend by degrees the sphere of these in- 
ternational agreements on labor questions. Thus, in the social 
and economic sphere as in the domain of politics properly so- 
called, we shall hope to serve at the same time the cause of the 
internal peace of the Republic and that of universal peace." 

The Swiss Note of June 14 fixed the date of the impending 
Conference for Sept. 17, and the place at Bern. Another Note, 
sent Sept. 4, announced that the Japanese Government would 
not participate. The Note also laid before the governments the 
proposal® of the British Secretary of Foreign Affairs for the 

8 L. Chatelain — La Protection internationale ouviere, pp. 5-6. 
»£. B. I, (7-8) pp. XXXIII; XXXV. 

118 



CONVENTIONS SIGNED AT BERN 

establishment of a permanent International Commission whose 
task it should be to superintend the execution of International 
Labor Conventions in conjunction with such duties as the fol- 
lowing : 

1. To give opinions on disputed points and complaints; 

2. To investigate and report facts in the case; 

3. As a last resort in cases of dissension, to promote arbitral 
proceedings at the request of one of the High Contracting Parties ; 

4. To consider programs for conferences on industrial ques- 
tions. 

International Diplomatic Conference of Bern. Sept. 17-26, ipo6. 

The above proposal was unacceptable to Germany, Austria, 
Hungary, and Belgium, it being asserted that although represen- 
tatives of particular countries would have expert knowledge of 
the systems peculiar to their country, nevertheless the other mem- 
bers of the commission could outvote them at pleasure in the 
adoption of measures of vital import to those systems and af- 
fecting them adversely ; and that, besides, the proper method of 
settling disputed points would be to call further conferences. 

Two Conventions ^° were signed on Sept. 26, 1906, by the pleni- 
potentiaries of the contracting States, reserving ratification to 
their respective governments. The States signatory to the Con- 
vention for the Prohibition of the Night- Work of Women were : 
France, Spain, Germany, Austria, Hungary, the United Kingdom, 
Italy, Luxemburg, the Netherlands, Portugal, Denmark, Sweden, 
Switzerland, and Belgium. Denmark was to be allowed to post- 
pone the deposit of her ratifications until the Danish Factory 
Act of April II, 1901 should be revised during the autunrn of 
1910.^^ That Great Britain and Sweden were of the number is 
to be specially noted as they did not sign the draft agreement 
in the former Conference in 1905 ; while Norway, a signer of 
the agreement of 1905, was not among the signatories In 1906. 

Nothing contemplated by the agreement of the previous year 
was excluded from the Convention; the latter did, however, am- 

10 £. B. I, (4-8), pp. 273-276. 

11 £. B. I, i7-S) p. xxxiT. 

,119 



THE INTERNATIONAL PROTECTION OF LABOR 

plify, add to, and make more precise the terms of its model. 
The first four articles of the two documents were practically 
identical. Article V was a departure ; it evinced unwonted pains 
on the part of the envoys to emphasize the obligations inherent 
in the Convention, declaring that it was incumbent upon each of 
the contracting parties to take the administrative measures nec- 
essary to insure on its territory the strict execution of the pro- 
visions. In addition to this, it stipulated a procedure that might 
be said to partake slightly of the nature of a sanction : the gov- 
ernments were to communicate to one another all laws and regu- 
lations upon the subject, then or thereafter in force, and to make 
periodic transfer of reports concerning their application. Thereby 
dereliction in the enforcement of the Convention could be readily 
apprehended by sister States whose joint diplomatic effort might 
avail to restore the delinquent to the path of rectitude. 

Still further did the Convention outdo its archetype, when it 
came to specify the potential scope of its operations; for by 
Article VI, colonies, possessions, and protectorates could adhere 
when notification to that eifect should be tendered the Swiss 
Federal Council by their metropolitan government. Also, sov- 
ereign powers outside of Europe were contemplated specifically 
in the provisions of Articles VII and IX. The aforesaid Arti- 
cles endeavored to lend sufficient elasticity to the Convention to 
make it adaptable to peculiar circumstances and conditions that 
might otherwise preclude its application. For example, upon 
notifying the adhesion of colonies, possessions, or protectorates, 
the home government could except from the operation of the 
law such native works as did not admit of inspection; or, if 
conditions of climate or native population in dependencies, or 
States outside of Europe, were such as to make the international 
night untenable, the period of unbroken rest could be reduced 
below the established minimum of eleven hours on condition that 
compensatory rest should be accorded during the day. 

The date for closing the proces-verhal of the deposit of ratifi- 
cations was extended from Dec. 31, 1907, to the same date in 
1908, leaving an interval of two years instead of three before 
the time (Jan. i, 191 1) set for the Convention's execution. Non- 
signatory States could declare their adhesion by an act addressed 

120 



CONVENTIONS SIGNED AT BERN 

to the Swiss Federal Council, in which case, as also in case of 
a colony, possession, or protectorate, the interval before execu- 
tion would be reckoned from the date of adhesion. No party to 
the Convention could lawfully denounce it within twelve years 
of the closing of its record of ratification, thus guaranteeing it 
a fair trial. Thereafter, it might be denounced from year to 
year, the revocation to take effect one year after it had been 
notified to the Swiss Federal Council by the proper authority. 

The powers signing the second Convention respecting the pro- 
hibition of the importation, manufacture, or sale of matches 
containing white (yellow) phosphorus were: Switzerland, Den- 
mark, France, Italy, Luxemburg, the Netherlands, and the Ger- 
man Empire. Italy in particular had much at stake in this move 
as she was one of the most important producers of matches. 
Five States which signed the agreement of 1905 failed to sign 
the Convention. These States were Austria and Hungary, excus- 
ing themselves because of the non-adhesion of Japan; Portugal, 
because in 1895 it had granted a match monopoly to last for thirty 
years; and Belgium, and Spain. Denmark had not signed the 
outlines, but now adhered to the Convention. Norway, Sweden, 
and the United Kingdom did not sign on either occasion, al- 
though the British delegates signified willingness to adhere if 
all the others did likewise. By the agreement of the year pre- 
ceding, the execution of the phosphorus law had been made con- 
ditional upon the concurrence therein of all the States represented 
and Japan, but this condition was not attached to the Convention 
of 1906. 

The same stipulation that found place in the other Convention 
in emphasis of the obligation rigidly to enforce the law enjoined 
thereby and mutually to report all official action germane to the 
matter, were added to this Convention by Article II; while, in 
further similarity to the first Convention, its sphere of application 
was so extended as to render possible the adhesion of colonies, 
possessions, or protectorates, and States not then signatory. The 
ratifications of the co-signatory nations were to be deposited by 
Dec. 31, 1908, and the Convention was to come into force three 
years from that date (Jan. i, 1912), while for non-signatory 
States and dependencies, a period of five years was to intervene 

121 



THE INTERNATIONAL PROTECTION OF LABOR 

between the time of notifying their adhesion and making good its 
execution. Also, the provisions for denunciation paralleled those 
of the first Convention, with the one exception that five years 
instead of twelve constituted the period within which it could 
not lawfully be abrogated by any one of the parties to it. 

Into the Conference's deliberations relative to the first Con- 
vention, there had been injected a discussion of vital import to 
both, as well as to all such conventions that may ever be framed ; 
it seemed to provoke no slight difference of opinion at the time 
and perturbed the Conference not a little. This concerned the 
institution of a sanction. English delegates advocated the adop- 
tion of the following most clearly defined sanction up to that 
time proposed for labor conventions signed by several govern- 
ments. 

"The High Contracting Parties agree upon the creation of a 
commmission charged with superintending the execution of the 
provisions of the present convention. That commission should 
be composed of delegates of the different contracting States. . . . 
The commission shall have the function of expressing opinion on 
litigious questions and complaints which shall be submitted to it. 
It shall have only the function of authentication and examina- 
tion. It shall make on all the questions which shall be submitted 
to it, a report which shall be commtmicated to the States con- 
cerned. In the last resort, a question in litigation shall, on de- 
mand of one of the High Contracting Parties, be submitted to 
arbitration. In case the High Contracting Parties should be dis- 
posed to call conferences on the subject of the condition of 
laborers, the commission shall be charged with the discussion of 
the program and shall serve as an organ for the exchange of 
preliminary views." ^^ 

But this seemed to some to risk the subversion of law and ad- 
ministrative powers of the State and to constitute an attack upon 
the principle of their sovereignty. Indeed, infinite wisdom and 
due diligence would certainly need to be exercised by a commis- 
sion appointed to the stupendous task of ascertaining and inves- 
tigating on an international scale the various industries in which 
women might be found to be employed at night in contravention 

i«L. Chatelain, op. cit., pp. 118-119. 

122 



CONVENTIONS SIGNED AT BERN 

of the law. This question of a proper sanction constitutes one of 
the most difficult and vital problems of the whole movement; for 
unless the uniform and effective enforcement of international 
law on labor can be realized, it is self-evident that it is fore- 
doomed to failure. An attenuated voeu was finally signed by 
representatives of ten States for the institution of a commission 
of purely consultative character to which questions or disputed 
points might be referred and whose duty it would be to give opin- 
ions as to equivalent conditions pursuant to which there might be 
accepted the adhesions of states outside of Europe, as well as of 
possessions, colonies, protectorates, where the climate or condi- 
tion of the natives would demand modifications of detail in the 
Convention. Such a commission might also serve as a medium 
for convening conferences. Nevertheless, the contracting States 
v/ould have the right to submit questions to arbitration in con- 
formity to Article i6 of The Hague Convention, even if the 
matter had previously been the object of an expression of opin- 
ion by the commission. 

Results of the Bern Convention on Night-Work. 

One month (Oct. 23, 1906) after the foregoing events, the 
Swiss Federal Government sent to the various powers dupli- 
cates of the Conventions signed at Bern, and called attention to 
the fact that the time allowed for depositing ratifications expired 
Dec. 31, 1908,^* and requested the governments to express their 
pleasure with reference to the establishment of the permanent 
international commission of supervisory powers that had been 
proposed over the signatures of ten States. The States however 
did not create such a commission. 

The Government of Luxemburg was empowered to ratify 
and enforce the Bern Convention.^* Hitherto employment in 
mines, open mining and quarries had been forbidden entirely to 
women, while girls under sixteen were not allowed employment 
at night in any industrial establishment at all ; otherwise the night- 
work of women had not been prohibited ; but now by adhesion to 
the Convention, the prohibition of night- work was extended to all 

13 E. B. I, (9-12) p. Iv. 



■'^Ihid. II, (1) p. V. 
Act of August 3, 1907. 



123 



THE INTERNATIONAL PROTECTION OF LABOR 

women and the minimum night's rest which had been eight hours 
long was increased to eleven hours ; thus, the ratification and en- 
forcement of the Convention in Luxemburg marked a distinct ad- 
vance in the protective legislation of that country, and serves to 
illustrate the character of reforms wrought among the signatory 
powers in general. 

Although Great Britain had refused to sign either the agree- 
ment (1905) or the Convention (1906) on the subject of woman's 
work, she adhered within the prescribed time limit (Dec. 
31, 1908), accompanied by a most gratifying brood of dependen- 
cies. By an Act under date of August 9, 1907, the English Par- 
liament repealed sections of the Factory and Workshop Act and 
of the Coal Mines Regulation Act of 1887, conflicting with the 
Bern Convention on night-work. Denmark, Spain, Italy and 
Sweden, not having deposited their ratifications before Dec. 31, 
1908, entered into an agreement with the remaining signatory 
States by which these four nations gained the privilege, equally 
with those States that did not sign the Convention (see Article 
IX), to notify their adhesion at a subsequent date. Although 
for Denmark special exception had previously been made, she 
did not give notice of adherence. Also Spain did not ratify the 
Convention; but by an Act of July 11, 1912, she prohibited the 
night-work of married women and widows having children, in 
shops and factories after date of Jan. 14, 1914. As regards 
unmarried women and childless widows, the number of such em- 
ployees is to be gradually reduced by 6% every year until Jan. 
14, 1920; from this date the night-work of women is to be en- 
tirely prohibited. Under the special provision, Italy adhered 
by an Act addressed to the Swiss Federal Council Dec. 29, 1909, 
and Sweden similarly under date of Jan. 14, 1910. The Bill 
relating to Sweden's participation had been rejected by both 
Chambers of the Government in 1908, and again it was reported 
unfavorably by the Committee in 1909; but this time it was 
passed by both Chambers in spite of the Committee's adverse 
report.^' The Acts of Sweden illustrate the manner in which 
exceptions legallycmay be taken to the Convention.^® Two procla- 

15 £. B. V, (2) p. xvii. 

124 



CONVENTIONS SIGNED AT BERN 

mations (June 9, and Aug. 11, 191 1) allow exemptions in the 
preparation of preserved fruit and vegetables and in salting of 
herring, in pursuance of the Act (Nov. 20, 1909) prohibiting 
the night-work of women, which in conformity to the terms of the 
international Convention on the subject, empowers the govern- 
ment to make exceptions to such prohibition in the preparation 
of materials subject to rapid deterioration. 

In a Circular Note^'' of March 19, 1909, the Swiss Federal 
Council put forward the proposal that the period of time provided 
for compliance with the terms of the Convention should be com- 
puted from Jan. i, 1909 in the case of States which deposited 
their ratifications within the limit prescribed. This was to in- 
terfere in no way with the later adhesion of other parties; the 
proposition involved considerable correspondence ^^ and not meet- 
ing with the unanimous consent of the States, failed. The Bel- 
gian and French Governments suggested that the period of two 
years, at the immediate close of which the Convention was to be 
brought into force, should be reckoned from Jan. 14, 1910. On 
this date had occurred the adhesion of Sweden, the last of twelve 
States to ratify the instrument. The Federal Council interpreted 
the proposal as meaning also that the period of ten years reserved 
for sugar beet factories, woolen mills, etc. (See Art. VIII) should 
extend from the same date, which would tlius determine a imi- 
form time for the Convention's execution by every one of the 
States that had ratified, in spite of previous irregularity iiy their 
adhesions. To this proposition, the Federal Council gave its 
assent (Note, of April 9, 1910) ^® with the hope that it would be 
found acceptable by the States which were to be interviewed on 
the matter; i.e., Germany, Austria, Hungary, Belgium, Denmark, 
Spain, France, the United Kingdom, Italy, Luxemburg, the 
Netherlands, Portugal, and Sweden. All except Spain and Den- 
mark expressed approval, and thus it was decided that the Con- 
vention should go into operation Jan. 14, 1912 in the case of the 
dozen States which had adhered on or before Jan. 14, 1910.2° 

16 E. B. VI, (4) p. xlvii. 
" Ibid., V, (2) p. xi. 
18 Ibid., V, (2) pp. xi.-xvii. 
i^Ibid., V, (2) pp. xiv-xvii. 
20 /WJ., V. (3) pp. 1-'= 

125 



THE INTERNATIONAL PROTECTION OF LABOR 

This Convention prohibiting night-work to women was 
adhered to by the following countries and colonies : 



Country 


Date of Adhesion 


Date of Coming 








into Force 




Within prescribed time 




Germany 


limit Dec. 31, 1908. 


14th Jan. 1912 


Austria 


(f 




tt 


Htmgary 


C( 




tt 


Belgiimi 


« 




tt 


France 


(( 




H 


The United Kingdom 


ts 




If 


Luxemburg 


tt 




M 


The Netherlands 


tt 




M 


Portugal 


tt 




M 


Switzerland 


tt 

French Colonies 




N 


Algeria 


26th Mar. 


1909 


14th Jan. 1912 


Timis 


15th Jan. 
British Colonies 


1910 


15th Jan. 1912 


Ceylon 


2 1 St Feb. 


1908 


14th Jan. 1912 


Fiji Islands 




( 




tt 


Gibraltar 




( 




It 


Gold Coast 




PC 




tt 


Leeward Islands 




( 




tt 


New Zealand 




« 




tt 


Northern Nigeria 




( 




tt 


Trinidad 




tt 




•t 


Uganda Protectorate " 




<• 


Italy 


29th Dec. 1909 


tt 


Sweden 


14 


thjan 


. 1910 


It 



Spain did not notify her adhesion to the Convention, but she 
nevertheless prohibited the night-work of women. Greece passed 
a law by which the prohibition of the night- work of women was 

126 



CONVENTIONS SIGNED AT BERN 

decreed on 24th Jan./i6th Feb., 1912, satisfying in all respects 
the conditions of the Bern Convention, although Greece is not 
a party to it. Night-work was forbidden to women in Japan 
and India in 191 1, but in the former State the regulation applies 
only to establishments with more than fifteen workers and the 
night's rest need be only of six hours' duration, while in India 
the law does not in general apply to establishments which do 
not employ more than forty-nine persons at any time of the year. 
In 1905 the prohibition or lack of prohibition of the night-work 
of women stood as follows.^^ 

1. States without prohibition : Japan. (Estimated number of un- 
protected female employees: 250,000.) 

2. Night-work allowed on a basis similar to the regulations 
governing day-work : South Australia, California, Illinois, Louis- 
iana, Maine, Maryland, Michigan, Minnesota, New Hampshire, 
North Dakota, Oklahoma, Pennsylvania, Rhode Island, South 
Carolina, Virginia. (Unprotected females over sixteen years of 
age in the United States: 227,000.) 

3. Limitation of the day-work of women to eleven hours and 
the night-work of girls between fourteen and sixteen to eight 
hours: Spain. 

4. Prohibition of night-work to young persons only: Belgium, 
Portugal, Denmark, Sweden, Finland, Norway, New South 
Wales, Hungary, Luxemburg, Ohio, Georgia, Wisconsin, (Esti- 
mated number of unprotected female employees in the above 
States: 350,000.) 

5. Night-work of women prohibited in certain kinds of occu- 
pations: (a) Mines and textile industries: Russia; (b) Factories, 
mines, blast furnaces: Austria (countries represented in Reichs- 
rat). East Indies (for establishments employing over 50), Lux- 
emburg, Finland, Sweden; (c) Factories, mines, blast furnaces 
and shops with motor power: Germany, Switzerland (for estab- 
lishments employing over five workers). 

6. Prohibition of night- work of females in establishments 
without motor power but which employ over : 

5 laborers : Denmark, Portugal, Ontario. 

21 Puhlicaiions de V Association iniernationale pour la protection legale 
des travailleurs. No. 4. p. 6 et suiv. 

127 



THE INTERNATIONAL PROTECTION OF LABOR 

4 laborers : Victoria. 

3 laborers : Canton Bale-Ville. 

2 laborers : Queensland, New Zealand, Cantons of St. Gall and 

Glarus. 
I laborer : Cantons of Zurich, Bern, Lucerne, Soleure, Argfovie, 

Neuchatel. 

7. Prohibition of the night-work of women in principle, sub- 
ject to exceptions : Great Britain, Switzerland, Germany, France, 
Holland, Austria, Russia, Italy (beginning with 1907), Manitoba, 
Quebec, Nova-Scotia, Queensland, Victoria, New Zealand, East 
Indies, New York, New Jersey, India, Massachusetts, Nebraska. 

8. Extension of the principle of the prohibition of the night- 
w^ork of women to home industry : Holland. 

The following were among the non-signatory countries in 
respect of the Bern Convention on woman's work : " 

1. Europe: Denmark, Greece, Lichtenstein, Monaco, Norway 
Roumania, Russia, Finland, and all the Balkan States. 

2. Africa: Abyssinia, Congo, Egypt, The South African Un- 
ion, Rhodesia, Bechuanaland, Swaziland, Zanzibar, Liberia, the 
German and Portuguese Colonies, Madagascar, Morocco, Re- 
tmion, Senegal. 

3. Asia : All States and Colonies with the exception of Ceylon. 

4. America: All States excepting Trinidad and the Leeward 
Islands. 

5. Australia and Polynesia : All States excepting New Zealand 
and Fiji. 

Results of the Convention Prohibiting the Use of White 

Phosphorus. 

For the six States which deposited their ratifications within 
the prescribed term and without reservation the time fixed for the 
execution of the Convention was Jan. i, 1912. Italy alone of the 
seven signatories failed in this respect but she was allowed to 
adhere later. Although Great Britain had not signed the Con- 
vention at Bern, she gave notice of adhesion Dec. 28, 1908, and 
so completed atonement for seeming obstinacy with reference to 
the agreements and Conventions signed by other powers at Bern 

'» Publications of International Labor Office. No. 8, p. 85. 

128 



CONVENTIONS SIGNED AT BERN 

in preceding years. We may forgive England; but what about 
the States who said : "I go" and "went not" ? 

The following subscribed to the Convention which prohib- 
ited the use of white (yellow) phosphorus in the manufacture 
of matches: 



Country Date of Adhesion 


Date of Coming 






into Force 


Within prescribed time 




Germany limit Dec. 31, 1908 


istjan. 1912 


; Denmark including Faroe 






Islands and Danish Antilles 


(( 


tt 


France 


(( 


tt 


Luxemburg Hmit Dec. 31, 1908. 


14th Jan. 19 12 


The Netherlands 


it 


(( 


Switzerland 


tt 


(( 


French Colonies 






Somali Coast 


26 Nov. 1909 


26 Nov. 1914 


Rdtmion 




(( 


1 Madagascar & Dependencies 




tt 


French West Africa 




tt 


Settlements in Oceania 




tt 


New Caledonia 




tt 


Tunis 


15 Jan. 1910 


15 Jan. 1915 


Great Britain and Ireland 


28 Dec. 1908 


28 Dec. 1913 


British Colonies 






Orange River Colony 


3 May, 1909 


3 May, 1914 


Cyprus 


4 Jan. 1910 


4 Jan. 1915 


East Africa Protectorate 


a 


tt 


Gibraltar 


It 


tt 


Malta 


tt 


tt 


Mauritius 


tt 


tt 


Seychelles 


tt 


tt 


Southern Nigeria 


tt 


tt 


Uganda Protectorate 


tt 


tt 


The United Kingdom 


ft 


tt 


Northern Nigeria 


24 Feb. 1910 


24 Feb. 1915 



129 



THE INTERNATIONAL PROTECTION OF LABOR 



Leeward Islands 

Virgin Islands 

St. Christopher & Niero 

Montserrat 

Dominica 

Antigua 

Fiji Islands 

Gambia 

Gold Coast 

Sierra Leone 



26 Mar. 1910 26 Mar. 1915 



20 June 19 10 
22 Oct. 1910 



20 June 19 1 5 
22 Oct. 1915 



Union of South Africa 

Canada 

Bermuda 

Southern Rodesia 

New Zealand 
Italy 

Dutch Indies 
Spain 
Norway 



From 3 May 1909 

retroactively 
20 Sept. 1914 

19 Dec. 1910 

20 Feb. 191 1 
27 Nov. 191 1 

6 July 1910 

7 Mar. 1910 
29 Oct. 1909 
10 July 1914 



3 May 1914 
20 Sept. 1919 

19 Dec. 1915 

20 Feb. 1916 
2y Nov. 1916 

6 July 191 5 

7 Mar. 1915 
29 Oct. 1914 
10 July 1919 



The manufacture and sale of white phosphorus matches was 
prohibited in Victoria, Western AustraHa, Tasmania and New 
South Wales. The United States also placed a prohibitive tax on 
such matches and prohibited their importation and exportation. 

The following are countries that permitted the manufacture of 
phosphorus matches : ^^ 

1. Free manufacture (a) in Europe: Belgium, Russia (subject 
to a different tax on white phosphorus), Sweden (prohibition 
of their sale in Sweden), Turkey; (b) outside Europe: all Asiatic 
States (with the exception of Cyprus and the Dutch and East 
Indies), America (with the exception of the United States, Can- 
ada, the Danish and British Antilles, and Mexico), Abyssinia, 
Egypt, Zanzibar. 

2. Countries with State monopoly : Bulgaria, Greece, Portugal, 



^^Publication of the Internaticnal Labor Office. No. 8, p. 87. 



CONVENTIONS SIGNED AT BERN 

Roumania, (State monopoly, but with use of sesquisulphide), 
Servia. 

Of the above only Japan .and Sweden are of importance as 
exporting countries. 

In answer to a Swiss Circular Letter (July 17, 191 1) asking 
whether the importation of sample matches made with white 
phosphorus should be forbidden the replies were as follows : ** 

Affimative. 
Great Britain 
Italy 
Denmark 
France 
Spain 

Negative. 
Germany 
The Netherlands 
Luxemburg 

This appears to be a quibble hardly worthy, in the light of the 
terms of the Convention, of the three powers negatively inclined. 
But it is a fair example of those differences of opinion which 
make the questions of interpretation and sanction such intricate 
and vital problems in international law. Is the word introduction 
in the French version of the Convention merely to be interpreted 
as "introduction" for industrial purposes rather than in the 
strict sense of "importation," and consequently is the importa- 
tion of sample phosphorus matches to be condemned? It would 
be interesting to understand the object of importing sample cases 
of phosphorus matches whose "introduction," "manufact'tire" 
and "sale" within the realm is forbidden. 

Bern Conference. Sept. 15-25, 1913. 

Delegates to the sixth biennial meeting of the Internationa! 
Association for Labor Legislation, held at Lugano, Switzerland, 
in 1910, undertook measures to prepare the way for a second 
series of international conferences to draft international conven- 

a*£. B. VII, (1-2) p. 1-4. 

131 



THE INTERNATIONAL PROTECTION OF LABOR 

tions prohibiting the night-work of young persons entirely, and 
also the day-work of women and of young persons in excess of 
ten hours. This led to the preparation by the Bureau of a pro- 
gram to serve in case a conference should be called to outline 
such agreements; and by a Swiss Circular Letter of Jan. 31, 
1913,25 this program was submitted to the States invited to sup- 
port the project ; viz., Germany, Austria, Hungary, Belgium, Bul- 
garia, Denmark, Spain, France, Great Britain, Greece, Italy, Lux- 
emburg, Norway, the Netherlands, Portugal, Roumania, Russia, 
Servia, Sweden. In consequence, delegates from the above States, 
with the exception of Servia, Roumania, Luxemburg, Greece, and 
Bulgaria, assembled with the representatives of Switzerland at 
Bern, Sept. 15, 1913. 

The tentative agreements intended to be later transformed into 
conventions by an international Diplomatic Conference, in con- 
formity to the precedent set by the Bern Conventions of 1906, 
followed in general the program worked out by the Bureau ; but 
varied from it in a number of respects by reason of both additions 
and subtractions. The first agreement prohibiting night-work to 
young persons, received the signatures of delegates from Switzer- 
land, Sweden, Portugal, Holland, Norway, Italy, the United 
Kingdom, Germany, France, Spain, Belgium, Hungary, and Aus- 
tria. According to the principles that were adopted and made 
applicable to all concerns where more than ten persons were em- 
ployed, the prohibition was to be general for employees under 
sixteen years of age, and absolute for all under fourteen. Indus- 
trial undertakings were defined in the same sense as industrial en- 
terprises in the Bern Convention respecting the work of women, 
and the night of rest prescribed for young workers was also to be 
the same as the international night of eleven hours fixed by that 
Convention. Certain exceptions to this last rule, however, were 
allowed for coal and lignite mines and bakeries, also, for colonies, 
possessions, protectorates, or extra-European countries, where 
climate or conditions of native population might require a differ- 
ent regulation; but in all such cases the shortening of the nighf 
was to be compensated by rest in the daytime. Moreover, work 
during the .night by individuals over fourteen years of age might 

25 E. B, VIII, (3-4) 1913 pp. 103-106. 

132 



CONVENTIONS SIGNED AT BERN 

be allowed when public interest demanded it, or in case of force 
majeure where there occurs an interruption in business impossi- 
ble to foresee and non-periodic in character. In so far as this 
agreement might be found to afford better protection to girls 
under sixteen, it was to supercede the Convention of 1906 on 
night-work. Two years after the closing of the record of deposit, 
the proposed convention was to come into force, with the excep- 
tion that its execution might be delayed for ten years in respect 
of employees over fourteen years of age in specified processes in 
glass works, rolling mills, and forges ; in the meantime, however, 
life or limb of the young in these processes was not to be ex- 
posed to any special risk or danger. 

These provisions were not the exact counterpart of recommen- 
dations made by the Bureau of the International Association in 
the program submitted by it. It had proposed to prohibit the 
work in question to young persons under eighteen instead of 
under sixteen; by way of special exceptions for States in which 
similar regulations had not previously existed, it had contem- 
plated a period of transition in which night-rest for young people 
between sixteen and eighteen could bejegally limited to ten hours 
instead of extended to the required length of eleven hours; 
among the exceptions pertaining to workers over fourteen, pro- 
vision had been made for 'the j)rohibition's suspension in case of 
the manufacture of raw materials susceptible of rapid deteriora- 
tion or otherwise unavoidable injury; and for seasonal indus- 
tries, a way was to be left open whereby the period of uninter- 
rupted night-rest could be reduced to ten hours sixty times a 
year under extraordinary circumstances. The period for bringing 
the agreement into force in glass and steel industries was fixed at 
five years for workers over sixteen instead of at ten years for 
workers over fourteen. None of these proposals found their way 
into the draft sanctioned at Bern. 

The second of the draft conventions concerned the determina- 
tion of a working day for workers under sixteen and women; 
and, with the exception of Norway, it was signed by the same 
countries as signed the former agreement. As regards the pro- 
gram that the Bureau had submitted, the age limit for young 

133 



THE INTERATIONAL PROTECTION OF LABOR 

workers was changed by the -Conference from eighteen to sixteen, 
while the principles in general were amplified and made much 
more specific in detail. The prospective convention stood for a 
ten-hour day, but at the same time allowed the period of work 
to be otherwise limited through the device of fixing a maximum 
of sixty hours of work per week with the length of no single 
workday to exceed ten and one-half hours. The definition of 
industrial undertakings and the size necessary to include the 
same within the purview of the proposed convention were iden- 
tical with the determinations on these points in the other agree- 
ment. Hours of work were to be interrupted by one or more 
rest periods, one of which, at least, was to occur immediately 
after the first six hours of work; in cases where work was not 
of more than six hours' duration, no break would be necessary. 
Extension of the prescribed workday was to be permitted when 
public interests demanded it, and also under the following cir- 
cumstances: in cases of force majeure involving an interruption 
of manufacture impossible to foresee and not of periodic na- 
ture, in cases where raw materials might otherwise be subjected 
to rapid deterioration or loss; and in seasonal industries as well 
as in any industry under exceptional circumstances. Total work 
including overtime, even in case of the above exceptions outside 
of "public interest" and "force majeure/* was not to exceed 
twelve hours a day save in fish, vegetable, and fruit establish- 
ments ; and overtime was not to exceed 140 hours per year except 
in the industries first mentioned together with manufactories of 
brick, tiles, clothing, feather articles, articles of fashion, and 
artificial flowers, all of which might if necessary extend over- 
time to not over 180 hours per calendar year. Nevertheless in 
no case, not even in any of the above exceptions outside of 
"public interest" and "force majeure" was the working day to 
be extended for young workers under sixteen. 

The agreement would come into force two years after closing 
the record of the deposition of ratifications ; however, for manu- 
factories of raw sugar from beets, of machine-made embroidery, 
and in textile mills for spinning and weaving, the interval might 
be extended from two to seven years, while in States where it 
was the custom to require eleven hours of work of women and 

134 



PROTECTIVE LABOR TREATIES 

children, the postponement of the agreement's execution might 
be equally prolonged under certain conditions specified. 

These draft conv^entions having been approved by the Confer- 
ence, were submitted to the governments interested by a Swiss 
communication of Sept. 29, 1913.^® Several weeks later another 
Letter (Dec. 30, 1913) ^"^ to the same parties including Luxem- 
burg, w^hose delegate had been unavoidably detained from the 
Conference, conveyed the protocol of the meeting. The same 
Letter proposed Sept. 3, 1914 as the date for holding an inter- 
national Diplomatic Conference to turn the outlines into real 
conventions. A later Note (July 14, 1914) ^^ stated that the 
Conference could be considered as assured in view of the favor- 
able replies anticipated and already received, although Russia 
had intimated dissatisfaction with the agreements, declaring them 
unsuitable to her conditions of industry, and therefore not of a 
character to make it desirable for her to participate. Norway 
also had announced a disinclination to take part, asserting that 
her own legislation conferred more extensive protection than that 
offered by the conventions proposed, and that a Bill then pending 
promised a further extension of her protective law. In conclu- 
sion, the Swiss Note recommended that the method of procedure 
at the Diplomatic Conference of Bern in 1906 be followed in the 
impending meeting; also that certain sections. of the Convention 
of 1906 pertaining to woman's work be included in the agree- 
ment on night- work under consideration; and that editorial im- 
provements be made in the wording of the texts of the proposed 
conventions. 

A Circular Letter of Aug. 7, 1914 contained the following:^® 
'In our Circular Letters of 30th December, 1913, and 14th 
July, 1914, we had the honor of sending to your Excellency cer- 
tain communications with respect to an International Diplomatic 
Conference relating to labor regulation and to submit proposals 
to your Excellency. The Conference was to have met In Bern 
on 3rd September, but the present political events do not seem to 

26 £. B. VIII, (9-10) 1913, p. 363-366. 

27 £. B. IX, (1914) (3) p. 62. 

28 £. B. (IX) (7) (1914) p. 287-288. 
39 £. B. IX, (11-12) (1914), p. Ixxiii. 



THE INTERNATIONAL PROTECTION OF LABOR 

permit this. We feel sure that you will agree with our decision 
that the Conference be postponed to some future date." 

In Austria a Decree of the Ministry of Commerce under date 
of Sept. II, 191 5 ^° granted exceptional permission for the night- 
work of women and young persons in view of the extraordinary 
circumstances created by the war. The fact that prohibitions on 
the subject had been adhered to by Austria, without official modi- 
fication, throughout the first year of the conflict, (one of the 
avowed reasons for such adherence being that some of the pro- 
hibitions had an international basis) portends much for the 
enforcement of such law in times of peace. Moreover, even 
then, the permission was not granted indiscriminately, but rather 
only on condition that the merits of each case should be care- 
fully tested by the industrial inspector and passed upon by pro- 
vincial authorities, or in case of disagreement, by the Ministry of 
Commerce. 

30 £. B. XI, (1-2) (1916) p. 31-32. 



13^ 



CHAPTER II 

PROTECTIVE LABOR TREATIES* 

At the second meeting of the International Association for 
Labor Legislation at Cologne (Sept. 26-27, 1902), representatives 
of the French and Italian Governments entered into informal 
negotiations with reference to the conclusion of a labor treaty. 
The matter, which had been broached even previous to this occa- 
sion, did not become the subject of immediate action ; for a year 
and over it dragged along with the prospects of its realization 
growing constantly brighter, until at last, the preliminaries being 
completed, it became, April 15, 1904,^ the first of a new order of 
treaties reciprocally insuring the protection of workmen. By its 
terms Italians working in France received, in effect, the promise 
that some day they would enjoy benefits of French labor legisla- 
tion heretofore denied to foreigners, while Italy agreed to super- 
impose upon the economic framework of her. country certain of 
the perfections of labor control applied by her neighbor. The 
advantages reciprocally derived were not identical, a fact which 
becomes important when the pro's and con's of international 
regulation are debated. France benefited in that a competitor 
became subject to certain restrictions upon Industry and Italy 
profited by the increased protection to be accorded to her laboring 
classes, in the first instance, by herself. It forms an interesting 
puzzle to inquire whose was the greater gain. This is not how- 
ever a complete statement of the situation. 

By its preamble the two general purposes of the Treaty ^ were 
presented as follows: 

(i) To grant to nationals of either country laboring in terri- 
tory of the other reciprocal banking accommodations and advan- 
tages of social insurance; 

* For copies of the treaties, see Appendix I. 

1 G. B. Bd. 3. S. X. 

F. B.— Bulletin de V Office International du Travail, t III. (1-3) p. I-VI. 
2A.D. 1904, t. 92, p. 1269-1274. 



THE INTERNATIONAL PROTECTION OF LABOR 

(2) To guarantee the mutual maintenance of protective labor 
measures, and co-operation in the advancement of labor legisla- 
tion. 

As regards reciprocal privileges in the use of banks, precise 
and effective rules were laid down; in the matter of labor in- 
spection, Italy undertook an important obligation ; with reference 
to the rest, mere principles were announced upon which to nego- 
tiate understandings of the future. 

The Treaty privileged the nationals of either country to trans- 
fer deposits without charge from the State Savings Bank of 
France to the Postal Savings Bank of Italy, or vice versa; and 
funds thus transferred became subject to the rules applied by 
the receiving bank to the deposits of its country's citizens. This 
was the only outstanding provision whose terms of reciprocity 
were identical and that was made executory by the terms of the 
Treaty. The one other Article whose application was not left 
wholly contingent upon future circumstances was Article IV* 
In this Italy promised to complete throughout her whole kingdom 
a system of labor inspection offering, for the application of the 
law, guarantees analagous to those of the French system, and 
organized with respect to the objects of its special care; i.e., 
women and children, along four general lines: 

(i) Prohibition of night- work; 

(2) Age for admission to work; 

(3) Length of the workday; 

(4) Obligation of weekly rest. 

Italy's engagement was its own admission* of the inadequacy 
of labor inspection within her territory. In the matter of regu- 
lating the night- work of women, she had been very far behind 
France in the enactment of prohibitory law, and her legislation 
had remained, likewise much inferior in respect of the age limits 
fixed for the classes to whom such work was forbidden. Similarly 
deficient or tardy had been Italian legislation concerning the age 
limits determined for the admission of children into factories. 
Differences also prevailed in the law respecting the workday; 
Italy permitted a longer day of work for women and children than 
did France. But conditions were more on a par as regarded 
weekly rest. The former decreed such rest for all children 

138 



PROTECTIVE LABOR TREATIES 

under fifteen; the latter, for children under eighteen; and both, 
for all women. The Italian Government agreed by Article IV of 
the Treaty to study the means of reducing the daily work of 
women, and each Government promised to publish an annual 
and detailed report on the application of statutes and regulations 
governing child and female labor. By comparison and improve- 
ment of legislation, it was anticipated that glaring dissimilarities 
in the labor laws of the two countries would gradually disap- 
pear, and so prepare the way for the conclusion of future agree- 
ments. 

The rest and major content of the Treaty belonged to what 
might be termed the realm of speculation; in other words, it 
outlined what other treaties might enact. In Article I on the 
subject of bank transfers, provision was made whereby by fu- 
ture agreement the private banks of one country might transfer 
funds to those of the other, if not gratuitously, at least, at reduced 
rates. The private banks contemplated were those of industrial 
centers and frontier towns. It was desired that investments hy 
nationals of one country in savings institutions of the other 
should receive especially favorable treatment at the hands of the 
contracting Governments. 

With reference to workmen's insurance or pensions, the prin- 
ciple was laid down that the part of the benefit due as a result 
of premiums paid or deposits made, was to be surrendered to 
the laborer upon his withdrawal from the undertaking in which 
he was insured; otherwise, although an enterprise in France 
could demand equal insurance premiums from French and Italian 
laborers, it might refuse to make any return In the event of the 
foreigner's withdrawal as a consideration for the protection re- 
linquished and the payments already made. 

Three elements may enter into workmen's insurance: 

(i) The contribution of the laborer, for which the Treaty 
provided as above noted ; 

(2) That of the employer, regarding which it merely stipulated 
that there should be reciprocity of regulation between the coun- 
tries ; 

(3) State subventions, the benefits of which were to be en- 
joyed only by the State's own citizens. A country could subsidize 

139 



THE INTERATIONAL PROTECTION OF LABOR 

a citizen's pension acquired from an institution of the other 
country if it chose to do so. 

Pensions acquired in one State were to be made payable in 
the other through the medium of insurance institutions and postal 
service. For employees laboring alternately in France and Italy 
and thus prevented from fulfilling the requisite conditions for 
insurance in either country, there was to be devised a special sys- 
tem under which pensions could be made to accrue to such work- 
men. 

In case accident befell a laborer of either country, working in 
the territory of the other, he or his assigns were to be entitled 
to accident benefits on equal terms with the subjects of the land 
in which the accident occurred. This was the principle so ear- 
nestly debated and advocated throughout the Delegates' Meetings 
of the International Association and destined to be incorporated 
into a noteworthy series of treaties on accident insurance. Cer- 
tain laws of France involved the direct derogation of this prin- 
ciple. By her municipal law of April 9, 1898, a foreign laborer, 
the victim of an accident, upon ceasing to reside in French ter- 
ritory, was obliged to accept a sum compounded to three times 
the amount of his annuity in lieu of all further pension ; and by 
Act of March 31, 1905, the same principle was retained, with the 
provision that a foreign insuree's assigns might receive compen- 
sation even if they ceased to reside on French territory. If, 
however, the assigns were not resident in France at the time of 
the accident, they forfeited all right to compensation. Fortu- 
nately the law of 1905 allowed for the modification of these pro- 
visions in pursuance of reciprocity treaties on accident insur- 
ance, and so safeguarded the possibility of the realization of this 
principle as advocated by the Treaty of April 15, 1904. 

In case of the advent of insurance against unemployment in 
both countries, an agreement was contemplated by which French- 
men and Italians working in the territory of either contracting 
party might share the privileges of such insurance. 

In cases where these agreements provided for by Article I 
should become established, they were to be binding for a period 
of five years only ; thereafter, they might be abandoned upon one 
year's notice, or otherwise be allowed to renew themselves from 

140 



PROTECTIVE LABOR TREATIES 

year to year by tacit consent. Unforeseen circumstances were to 
be able to work either abrogation or the more perfect adaptation 
of the measures if time rendered their original forms undesirable. 
Of such character were the possibilities contemplated by this 
Article. 

A signal abuse which for some time had attracted the serious 
attention of governmental authorities was the traffic in Italian 
children furnished with work certificates falsifying their age so 
as to admit them to French industry prior to their attainment 
of the legal age. There was a class of recruiting officers or mid- 
dlemen who made a business of this traffic. To set on foot meas- 
ures to stop the evil and preclude its recrudescence. Article II 
of the Treaty forecast an agreement that would necessitate gov- 
ernmental certification of the documents involved and a rigid 
inspectorate, protecting reciprocally young workers of either 
country when employed in the other. There was also suggested 
the plan of forming 'protective Committees including in their 
membership as many compatriots of the young foreigners as 
possible, and functioning in districts where large numbers of 
them were employed. Because of the small number of French 
children employed in Italy, this provision became of benefit prin- 
cipally to the much larger number of young Italian laborers in 
French territory. 

On the occasion of an international labor conference In which 
one of the contracting parties took part, the other was to feel 
duty bound sim,ilarly to participate according to the engagement 
of Article III of the Treaty. 

By Article V, each party reserved the right to denounce 
the compact at any time by making known its intention one year 
in advance. Occasion for denunciation would be found in fail- 
ure to enforce the systems of inspection prescribed or to respect 
the obligations assumed in reference to protective law for women 
and children (see Art. 4, S 2), or in any gross violation of the 
spirit of the instrument, as for example, the curtailment of pro- 
tective law covering the subjects treated. A protocol * was at- 
tached, which specified by name the laws of each country whose 
proper execution was made compulsory by the terms of the in- 

3(7. B. Bd. 3, (1904). S. 154. 

141 



THE INTERATIONAL PROTECTION OF LABOR 

Strument, and named the bodies in each country competent to 
Interpret the same in its relation to the laws and to judge as to 
whether occasion for its annulment had been given by the other 
party. However much detractors may have laughed at France 
and Italy over the theoretical parts of their Convention of April 
15, France and Italy laughed last, as time revealed. 

Swiss-Italian Treaty. July jj, 1^04. 

On 13th July of the same year, Italy signed with Switzerland 
a commercial Treaty* containing an Article whose provisions 
were to be made effective by a separate act independent of the 
execution of the rest of the Treaty. This Article (No. 17) au- 
tliorized the mutual investigation on the part of the contracting 
powers of the question of workmen's insurance with the object 
of according in so far as possible to the citizens of each working 
in the territory of the other equal or equivalent advantages. It 
is clear that this looked forward to some such arrangement as 
that contemplated by the Franco-Italian Treaty on the subject, 
although that Treaty announced the principle of the equality of 
treatment of foreigners and citizens, while this merely specified 
reciprocity in the treatment of foreigners. 

German-Italian Treaty, Dec. j, IQ04. 

It is very evident that Italy did a full year's work in 1904 with 
respect to labor agreements; just before the year closed, she con- 
cluded with Germany a commercial Treaty^ identical in i*ts terms 
with Article 17 of the Swiss-Italian Treaty. The action would 
seem to presuppose an intention upon the part of Italy to work 
radical improvement in her insurance system ; for were Germany 
to accord to Italian workmen within her realm insurance ad- 
vantages equal to those enjoyed by her own subjects and then 
to demand that Italy give German subjects on Italian soil equally 
favorable privileges, a much heavier burden in the way of reform 
would be imposed upon Italy than upon Cjermany. 

Compulsory insurance against disease had been established in 

4 2. Chatelain, op. cit., p. 193. 
5 Ihid., p. 194. 

142 



PROTECTIVE LABOR TREATIES 

Germany as early as 1883; employees met two-thirds of the ex- 
penses of the system, and employers, one-third. Compulsory 
accident insurance had been introduced by a law of 1884; under 
it employers became members of insurance associations and 
were obliged to defray the cost of all indemnities. In 1889 
there had been organized an insurance system against sickness 
and old age, to which all salaried persons over sixteen years 
old and not having an annual income in excess of locx) marks 
were compelled to subscribe, thereby receiving invalidity benefits 
in case of need, and a regular pension at the age of seventy if 
payments had been inade for a period of thirty years. The funds 
were derived partly from contributions of employees classified 
into five groups paying different premium rates; partly, from 
employers who duplicated the premiums of the employees; and 
the rest, from the State which made an annual donation of fifty 
marks for each pension. By way of comparison, we may note 
that in 1910 France prescribed for laborers receiving less than 
three thousand francs a system of insurance w^hich, not unlike 
Germany's, derived its support from contributions of employees, 
employers, and the State, but which made sixty-five instead of 
seventy the pensionable age. Sickness insurance is prescribed for 
certain classes. The French system has both compulsory and 
voluntary . features. In both France and England, as well as in 
Germany, the incidence of compensation for accidents falls en- 
tirely upon the shoulders of employers.^ 

Italy's systems of insurance were very inadequate, being non- 
compulsory in character in so far as related to invalidity and 
old age, although she had obligatory accident insurance. A state 
system largely voluntary in character could hardly possess much 
stability and certainly could not accord to German workmen 
in Italy the same guarantees that could be granted to Italian 
laborers in Germany. The self-imposed task that Italy contem- 
plated was not a small one. 

Treaty Between Germany and Austria-Hungary, Jan. ig, ipo^. 

In a commercial Treaty between Germany and Austria-Hun- 
gary of Jan. 19, 1905, an article of practically the same nature 
® Carlton, History and Problems of Organised Labor, p. 310 et seq. 

143 



THE INTERATIONAL PROTECTION OF LABOR 

as that of the two preceding Treaties was included.^ In addition 
to specifying the need of reciprocity in the matter of insurance, it 
propounded the broader subject of reciprocity "in protection of 
labor." For Austria and Hungary, as for Italy, the thought of 
contracting a labor treaty with Germany prognosticated general 
improvement in their.protective labor regimes. Austria possessed 
compulsory accident insurance supported by laborers and employ- 
ers, and had also compulsory sickness insurance. Hungary did 
not have general regulations covering accident insurance ; but had 
a special system for agricultural workers which was obligatory in 
respect of accidents and voluntary in respect of invalidity, pay- 
ing benefits in case of death, old age, or incapacity. 

Accident Insurance Treaty Between Luxemburg and Belgium. 

April 15, 1905. 

But destiny had reserved for the Kingdom of Belgium and the 
Grand-Duchy of Luxemburg the honor of devising the first insur- 
ance Treaty^ to specify, in addition to general aims, 2i*modus op- 
erandi for their realization ; in other words, instead of cogitating 
upon possible law, it laid down the law, and thereby gave to a long 
mooted principle its first practical international application. As 
between the signatory countries, it established that subjects of one 
State injured through an industrial accident within the territory 
of the other should be entitled to the same compensations and 
guarantees as subjects of the State within which the injury was 
received, exception being made in case of laborers injured when 
employed temporarily; i.e., for not more than six months, by a 
business concern whose headquarters were located in the State 
that was not the scene of the accident. In such cases the insur- 
ance law applicable would be that of this latter State. By a sup- 
plementary agreement of May 22, 1906, the terms of this excep- 
tion were specified as being applicable to persons employed by 
transport lines and working intermittently, but habitually, in the 
country other than the home of the enterprise.® Outside of these 
exceptions, persons were to be eligible to receive insurance bene- 

7 L. Chatelain, op. cit, p. 198. 

8 G. B. Bd. IV. S. 305-506. 
9£. B. I, (9-12) pp. 373-374. 

144 



PROTECTIVE LABOR TREATIES 

fits in the foreign State, who would have been eHgible to such had 
the accident occurred in their native State. As pertained to docu- 
ments, stamps, records, etc., advantages and exceptions incident 
to the insurance administration of one State were to be equally 
applicable to the administration within its confines of the law of 
the other State, while the magistrates of the two High Contract- 
ing Parties were pledged to lend reciprocal assistance in execution 
of the law. Ratifications were to be exchanged as soon as possi- 
ble in Brussels, and the Treaty was to go into effect ten days 
after its official publication and to be terminated one year after 
the day of its denunciation by either party. By an Act of May 
12, 1905,^° the Government of Luxemburg was empowered to 
modify laws of the realm when necessary in order to put into 
operation an international agreement that aimed at reciprocity in 
insurance administration. The ratfications of the Treaty were 
exchanged in the following autumn, Oct. 25, 1905. 

German-Luxemburg Accident Insurance Treaty. Sept. 2, 1905. 

The next Treaty on accident insurance,^^ signed by the German 
Empire and the .Grand-Duchy of Luxemburg during the same 
fall, confined itself to an affirmative statement of that which con- 
stituted the exception in the Belgian-Luxemburg agreement. 
Employees of an enterprise extending its operations .from one 
country into the other for a period of not over six months at most, 
remained subject to the accident insurance legislation of the State 
in which the enterprise was domiciled, even if the accident oc- 
curred in the other State. Forestry and agricultural pursuits 
were excluded from .the purview of this arrangement. Railroad 
employees were specifically included. If dispute arose as to what 
laws were applicable, the decision rested with the authorities of 
the State in which the headquarters of the business firm involved 
in the accident were located ; i. e., in Germany, with the Imperial 
Insurance Office, and in Luxemburg, with the Government. A 
decision by either authority was final and binding upon under- 
writers of the other country. To guard the party entitled against 
injustices of delay arising from uncertainty as to what statutes 

10 E. B. Vol. I, (1906) (9-12) p. 372. 
" G. B. Bd. IV, S. 306-308. 



THE INTERATIONAL PROTECTION OF LABOR 

applied in a .given case, the insurers first invoked were to take 
care of the injured party, until it should be determined upon 
whom the burden of indemnity was ultimately to fall. Other 
points of minor interest were covered including rules that were 
to govern in case an establishment so changed its place of opera- 
tion as to pass from the accident insurance laws of one country to 
those of the other. 

Franco-Italian Pact. Jan. 20, ipo6. 

As the year 1906 opened, the Franco-Italian Treaty of 1904 
began to bear fruit. It had introduced reciprocity in the transfer 
of funds without charge between the national banks of the two 
countries, and had proposed a similar arrangement between the 
private banks of the two countries located in' industrial centers or 
frontier towns. To give effect to this latter possibility, an agree- 
ment** was now completed whereby deposits to the amount of 
1500 francs could be transferred without expense between the 
private banking institutions of these countries. The monies trans- 
mitted were to become subject in such matters as interest to the 
regulations of the receiving bank, while orders on the Interna- 
tional Post Office (mandats d' office) were to constitute the me- 
dium of transfer and to be exempt from tax. Ratifications were 
exchanged at Paris Dec. 11, 1906. 

Franco-Belgian Accident Insurance Treaty. Feb. 12, ipo6. 

The Franco-Belgian Treaty^^ was practically the same as the 
Belgian-Luxemburg Treaty: Subjects of one of the contracting 
parties meeting with an industrial accident in the territory of the 
other were to have the same guarantees and compensations as 
were provided for the citizens of the State in which the accident 
occurred. The same principle of the equality of treatment of for- 
eigners and citizens held for assigns of the injured parties and 
so wrought an exception to the French law of 1905, denying to 
dependents of foreigners equal rights with those of Frenchmen. 
A.lso as in the other Treaty, exception was made for temporary 

12 A. d. 1906, t 97, p. 147. 

13 E. B. I (4-6). pp. 153-154. 

146 



PROTECTIVE LABOR TREATIES 

employment of not over six months' duration, attention bein^ 
called to the fact that this exception included persons engaged in 
transportation enterprises and employed intermittently, whether 
regularly or not, in the country other than that where the under- 
taking held its domicile. In case of accident under these circum- 
stances, the law of the undertaking's domicile applied. The 
Treaty was to take effect one month after its official publication. 
Ratifications were exchanged June 7, 1906. 

A Note of March 12, 1910^* enlarged upon Article 4, which 
had merely authorized the authorities of France and Belgium to 
lend mutual aid in reciprocal execution of the engagement. This 
Note, which was not to come into operation within three months 
after it was signed, obligated the signatory States, upon the ter- 
mination of an inquiry in respect of an accident, to give notice to 
the proper consular authority in order that he might take cogni- 
zance thereof in behalf of the interested parties. 

National Accident Insurance Acts.^^ipoi-ipo6. 
Notifications of the German Federal Council, under dates of 
190 1, 1905 and 1906, advert to another phase of the international 
regulation of accident insurance. The Notification of June 29, 
1901 set aside in favor of Italian and Austro-Hungarian subjects 
provisions of Section 21 of the German Accident Insurance Act 
and of Section 9 of the Building Accidents Insurance Act, which 
had debarred foreign assigns not domiciled in Germany at the 
time of the accident from claiming compensation or indemnities ; 
likewise the Notification revoked in so far as concerned the same 
nationalities, provisions of Section 94 (2) of the German Acci- 
dent Insurance Act and Section 37 (i) of the Building Accidents 
Insurance Act, which had suspended the right of German indem- 
nity to foreign insurees as long as they were not residents of the 
country. Similar exceptions were made on May 9, 1905 in favor 
of the Grand-Duchy of Luxemburg, and on Feb. 22, 1906 in favor 
of Belgian subjects laboring in Germany. By an Act of Dec. 24, 
1903, Belgium had erased distinctions between natives and for- 

^*E. B. VI, (1), p. 6. 

15 E. B. II, (I) p. 1 ; E. B. I, (1-3), pp. V, I. See also the work of E. 
Mahaim: Le Droit international ouvrier (1913). 

147 



THE INTERATIONAL PROTECTION OF LABOR 

elgners before the accident insurance laws of her land ; thus hav- 
ing accorded to her Teutonic neighbors for two years and over 
advantages which the action of the German Federal Council now 
reciprocated. These Acts illustrate what can be accomplished in 
the cause of the international protection of labor by applying the 
principle of reciprocity in national labor legislation. 

I 
Franco-Italian Accident Insurance Pact. June g, igb6. 

In an agreement ^^ of June 9, 1906, France and Italy adopted 
definite measures by which to realize in practise the recommen- 
dations of the Treaty of 1904 on the subject of reparation for 
injuries caused by accidents. The principle which had now be- 
come common to such treaties was adopted ; vis. : icitizens of 
either country injured while at work in the territory of the other 
acceded to the same insurance privileges as were accorded to 
citizens of the country where the accident happened. To assigns 
also, whether resident or not in the country of the accident at 
the time of the accident, or whether having subsequently ceased 
to reside there, the same principle of the equality of treatment 
of foreigners and citizens applied. Thus the French law's dero- 
gation of the principle was now superseded in so far as concerned 
Italian as well as Belgian workmen. 

The Treaty provided that French employers could engage an 
Italian institution to insure Italian assigns not resident in France, 
conformably to a table of provisional rates annexed to the agree- 
ment and subject to revision thereafter. If an entrepreneur or 
insurer vested in the French National Old Age Pensions Fund 
his liabilities toward Italian laborers, the function of paying the 
pension might, on demand of an Italian insuree, be turned over 
to the Italian National Workmen's Disablement and Old Age 
Provident Fund, the French institution paying quarterly to the 
latter the monies due. In case of benefits having a fixed rate, 
the French Fund might make the payment in a lump sum and 
thereby avoid the nuisance of quarterly payments. Similar stipu- 
lations operated for the accommodation of French workmen ac- 
quiring indemnities in Italy. Direct remittances from the Italian 

!•£. B. II. (1). pp. 2A. 

148 



PROTECTIVE LABOR TREATIES 

Fund to, French entitled parties were to be made by postal money 

orders, (mandats d' office.) 

Should a special inquiry be concluded with reference to an ac- 
cident, intelligence of the same was to be immediately given to 
the consular authority of the district within which the injured 
workman lived when the casualty took place. Fiscal advantages 
or exemptions granted by one State to documents prerequisite 
to the acquisition of insurance monies were to apply equally in 
the other State. If an Italian pensioner not resident in France 
should fail to receive payments due and appeal to the Guarantee 
Fund established by French law, competence to deal with the diffi- 
culty would not reside in the municipal authorities as under cus- 
tomary procedure, but would rest in the Italian consular authori- 
ties at Paris. The conditions governing the exercise of consular 
power in such cases were to be determined by the authorities 
concerned in the two countries. Necessity might work the sus- 
pension of the stipulations of the Treaty wholly or in part. If 
one of the powers gave notice of intention to terminate the agree- 
ment in accordance with the regulations specifically prescribed 
for such action, the force of the arrangement was not to be im- 
paired in so far as it concerned redress due for accidents occur- 
ring up to the time of its expiration. The prerogatives and obli- 
gations vested in national Funds and consular authorities by the 
terms of the Treaty were to become of no effect upon its expira- 
tion, with necessary exceptions, however, for the regulation of 
accounts then running and the payment of pensions for which 
the capital in toto had been previously received by a Fund. 

Franco-Luxemburg Accident Insurance Treaty. June 2^, igo6. 

In the same month that France signed the preceding agreement, 
she signed with Luxemburg an accident insurance Treaty^'^ of 
the same nature as the other Treaties already discussed. The 
principles covering the Treaty that France signed with Belgium 
(Feb. 21, 1906) may be repeated almost verbatim in an analysis 
of this act. It was concluded for an indefinite lapse of time, 
reserving the right of denunciation to each party imder condition 
of a year's notice. 

17 E. B. II, (1). pp. 4-5. 

149 



THE INTERATIONAL PROTECTION OF LABOR 

Franco-German Understanding With Reference to Letters Roga- 
tory. 

Before the close of the year 1906, a commendable precedent 
had been established by the harmonious action of French and 
German authorities with reference to the status of letters rogatory 
pertaining to labor accidents and functioning between the two 
countries.^^ It seems that the German Secretary of State for 
Foreign Affairs had received from the French Ambassador a 
letter rogatory emanating from a French justice and requesting 
the adduction on German soil of evidence relating to a certain in- 
dustrial accident. The German authorities graciously deferred to 
the request, whereupon the Government of France vouchsafed its 
readiness to reciprocate the favor whenever a similar contingency 
should lead Germany to solicit it. A common basis for the treat- 
ment of such letters was thus established in a manner highly cred- 
itable to the national administrators concerned. This spirit of 
accommodation is efficacious for the removal of mountains in in- 
ternational relations. 

German-Netherlands Accident Insurance Treaty. Aug. 27, 190^. 

The German-Netherlands Treaty^* like the German-Luxem- 
burg Treaty stipulated that persons employed temporarily (not 
over six months) in one State by an enterprise domiciled in the 
other should be subject to the compulsory accident insurance laws 
of the undertaking's headquarters. It differed from some of the 
other Treaties in its pains to specify that it was compulsory insur- 
ance law that was contemplated, and also in the fact that the trav- 
eling staff of transportation lines was to be subject to the insur- 
ance law of their line's domicile irrespective of the length of their 
employment on foreign soil or the foreign situs of any accident. 
But these topics which constituted the gist of the German-Luxem- 
burg Treaty, were made to appear the exceptions in the present 
Treaty, whose principal and affirmative declaration was that, sub- 
ject to the exceptions noted, those enterprises belonging to cate- 
gories of undertakings covered by the insurance laws of both 

18 Chatelain — La Protection internationale ouvriere. p. 227. 
"£. B, II. (3), pp. 350-351. 

ISO 



PROTECTIVE LABOR TREATIES 

States and having headquarters in one State but operating in the 
territory of the other, should be governed by the accident insur- 
ance law of the country of operation. Thus it did not specify 
the equality of treatment of foreigners and subjects; but in so 
far as law in either country did not discriminate against foreign- 
ers, one might infer that equality of treatment would result from 
its terms. 

Provision was made whereby in case of litigation authorities 
of one country could obtain the sworn depositions of witnesses 
resident in the other, while exemptions in respect of stamp duties 
and fees in the administration of the law of one Government were 
to apply equally to the administration within its borders of the 
accident insurance law of the other contracting Government. 
Also, premium rates were not to be varied by one State so as to 
be prejudicial to employers whose business houses had headquart- 
ers in the other. The basis of ascertaining in the currency of one 
country the equivalent of wages paid in the other was to be deter- 
mined in a manner specified, whenever the administration of the 
law necessitated such calculations. Upon the conclusion of the 
year following the notice of its denunciation by either party, the 
agreement would become null and void. 

A supplementary Treaty ^° of May 30, 19 14 decreed that per- 
sons were to become subject to the operation of this agreement 
even though their domicile should not be that of the institution 
that carried their risk. This addition may be interpreted as in- 
dicating that, in so far as accident insurance law did not positively 
discriminate against foreigners, it was desired that its privileges 
should be shared equally by both native and foreign operatives ; 
and so would indicate that the Treaty favored more than an op- 
tional or supererogatory application of the principle of the equal- 
ity of citizens and foreigners before the insurance laws of either 
country. 

Franco-British Accident Insurance Treaty. July s, igog. 

The span of two years intervened before another accident in- 
surance Treaty was signed. This time it was between France 

20 £. B. X, (7-8), p. 197. 



THE INTERATIONAL PROTECTION OF LABOR 

and the United Kingdom,.^^ With the pronunciamento that was 
its chief principle, we are quite familiar ; v/2., that of the recipro- 
cal accord of accident insurance to foreign laborers and assigns 
on the same terms as to citizens. The customary exception for 
employment of less than six months* duration on soil other than 
that of the undertaking's domicile was inserted including specifi- 
cally the intermittent employment common to transportation serv- 
ice. Ratifications were exchanged Oct. 13, 1910, and the Decrees 
notifying the Convention's promulgation were published in 
France Oct. 28, 1910. In giving effect to this Treaty a British 
Order in Council stated that questions as to English liability for 
compensation to French citizens, or amounts of such indemnity, 
etc., were to be adjudicated by the County Court. Certain con- 
ditions were prescribed by which the responsibility for the pay- 
ment of insurance to French pensioners who had returned to 
France, was transferred from English to French authorities, that 
is from the jurisdiction of the County Court to the Caisse na- 
tionale Francaise des Retraites pour la Vieillesse. An arrange- 
ment subsequent, and giving effect, to the Treaty, between the 
British Secretary of State for the Home Department and the 
French Minister of Labor, provided that in case of periodic pay- 
ments to a pensioner who went back to France to live, remittance 
by the County Court to such an insuree should be made every 
three months, the recipient providing each time a certificate from 
the Mayor of the Commune in which he lived, testifying that he 
was alive. The recipient was also to obtain, as often as the 
County Court required, a medical certificate specifying whether 
or not he still remained incapacitated. Such certificates were to 
be authenticated by a vise of the prefectoral administration which 
would attest the status of both the Mayor and the doctor con- 
cerned. 
Hungarian-Italian Accident Insurance Treaty. Sept, ip, ipop. 

The fundamental principle in the Hungarian-Italian accident 
insurance Treaty^^ of 1909 was the same as in the preceding 
Treaty. But a feature new to this class of treaties was the decla- 
ration that workmen, who coincident with employment outside of 

21 £. B. IV, (3), pp. 163-16*. 
« E. B. V, (1), pp. 1-3. 



PROTECTIVE LABOR TREATIES 

territory of either of the contracting countries suffered injury 
in the service of a business concern domiciled in one of them, 
were to be entitled to compensation under the compulsory insur- 
ance law of the concern's domicile, unless the insurance legisla- 
tion of the coimtry where the accident happened was found to 
cover the case. Dependents of injured parties were to receive 
compensation irrespective of their place of residence at the time 
of or after the accident. In case subjects resided in one country 
and drew pension from an institution of the other, means were 
provided, as in some former treaties, whereby the insurance com- 
pany in question might transfer its obligation to the institution 
of the country where the pensioner resided. Moreover, docu- 
ments exempt from fees when used in drawing pension in one 
State were to be favored similarly when used for the same pur- 
pose within the territory of the other. 

Another distinctive feature, also new to treaties of this class, 
had to do with the creation of a Court of Arbitration in case the 
pact gave rise to litigious differences. Such a Court was to be 
instituted upon demand of one of the parties, each State choosing 
as arbitrators two subjects of its own who would select a presid- 
ing ofScer from some third power. The State in which to con- 
vene the Court in the first instance would be determined by agree- 
ment and thereafter automatically by the principle of alternation. 
The precise spot for court proceedings would be designated and 
made ready by the State selected. These provisions could be 
varied if the States agreed to carry on the proceedings in writing. 
Upon application of the Court to the Government, recourse might 
be had to the authorities of either State for the serving of sum- 
mons or letters of request in accordance with the customs of Civil 
Court proceedings. Seven years were to elapse before the Treaty 
could be denounced, and thereafter withdrawal could in no case 
be effected until Dec. 31st of the year following that in which 
warning was given. Certain other provisos were also included 
to the end that defeasance should not work injustice to those who 
had become pensioners when the Treaty was in force. 

Franco-Italian Pact. June 10, 1910. 
We have seen that in consequence of the Franco- Italian Treaty 
of April 15, 1904, which established a system of monetary trans- 

153 



THE INTERNATIONAL PROTECTION OF LABOR 

fer to operate between the French National Savings Bank and 
the Post Office Savings Bank of Italy, various other agreements 
in execution of principles therein stated were subsequently en- 
tered upon; viz., the agreement of Jan. 20, 1906 governing the 
transference of deposits between ordinary French and Italian sav- 
ings banks ; that of June 9, 1906 regulating compensation for In- 
dustrial accidents ; and now that of June 10, 1910 in protection of 
young workers of either country employed within the other.^® 
Thus despite the critic's animadversion of its hypothesizing ten- 
dencies, the Franco-Italian Convention of 1904 has demonstrated 
that the spinning of theories even on the part of treaties may after 
all constitute a road to their actual realization in law. 

Shortly after the conclusion of the Treaty in 1904, France had 
proposed a basis upon which to formulate measures protecting in 
the manner suggested the young workers of both countries; and 
Italy, considerably disturbed about the employment of young Ital- 
ians in French glass works, agreed to dispatch a representative 
to enter into negotiations with reference to the French proposals. 
The negotiations extended over the years 1905 -1909 and finally 
culminated in the agreement of 1910, by which young Italians 
(desiring to work in France and young Frenchmen desiring to 
work in Italy were obliged to obtain the necessary employment 
book through compliance with regulations which were in general 
as follows : The young person in question accompanied by a 
parent or guardian produced before a consul of his government 
the employment book issued by his own country. If he was 
under jfifteen years of age, the consent of his legal .protector had 
to be conveyed in a duly legalized document and deposited at the 
consulate. When the consular certificate duly certified and bear- 
ing the applicant's photograph had thus been procured, he could 
obtain the requisite employment book from the Mayor or proper 
communal authority of the foreign State wherein he desired to 
labor. Where children between the ages of twelve and thirteen 
were concerned, additional certificates were required, particularly, 
the French elementary school certificate or the Italian certificate 
prescribed by Act of July 15, 1877. (No. 3961.) 

At the very beginning of the negotiations over the agreement 

28 £. B. V. (4), pp. 329-332. 

154 



PROTECTIVE LABOR TREATIES 

i^iw(^ years previous, Italy had requested that Italian children under 
fifteen be denied employment books by French authorities; but 
inasmuch as French children were admitted to work at the ages 
of twelve and thirteen, the authorities could not see their way 
clear to make special exceptions in favor of Italian children. 
Moreover such action would be extraneous to what was contem- 
plated by the Treaty of 1904, which had merely stated that the 
nature of the documents and forms of the certificates required for 
presentation to consular and mayoral offices should be determined 
and properly inspected, and that committees of protection should 
be organized. The French authorities promised, however, to in- 
troduce into the Treaty such measures as would adequately pro- 
tect young Italian employees, especially those in unhealthy occupa- 
tions such as the manufacture of glass. Some of its protective 
measures relating to children under fifteen have been mentioned. 
The following clauses of the Treaty in further extension of the 
protective principle are worthy of complete citation: "Employ- 
ment in unhealthy and dangerous trades shall be regulated by the 
law in force in the country where the work is performed. In the 
case of glass and crystal works, dangerous and unhealthy opera- 
tions which, at the date of the signing of this agreement, may 
not lawfully be performed by young persons in Italy, shall not be 
lawfully performed by young persons in France, and reciprocally. 

"In view of the fact that the age of protected persons is not 
identical under the French Act of 2nd November, 1892, and the 
Italian Act of loth November, 1907, the Decrees issued in both 
countries in pursuance of their respective Acts shall specify the 
age of persons whom it shall not be lawful to employ in the op- 
erations in question. 

"The two Governments shall use their best endeavors to intro- 
duce uniformity in the age of protected persons by means of inter- 
nal regulations. With this object they shall, if necessary, promise 
an international Agreement within the meaning of S 3 of the Con- 
vention of April 15, 1904." 

Various documents and certificates that might be issued from 
time to time in pursuance of the Treaty were to be exempt from 
fees in conformity to the law of both countries and their prepara- 
tion by consular authorities was to be without charge to the young 

155 



THE INTERATIONAL PROTECTION OF LABOR 

persons concerned. A strict inr.pectorate with confiscation of ail 
employment books or certificates irregularly issued was also re- 
quired, together with the record of all such confiscations. Fi- 
nally in fulfillment of that contemplated by the Treaty of 1904, 
protective committees were to be organized in large industrial 
centers, including in their membership as many of the young 
workers' fellow countrymen as possible and giving gratuitous 
service. The enforcement of the law in general and of Acts 
particularly specified, the detection of its violation or any mal- 
feasance in respect thereto, and the reporting of the same to 
proper authorities were to be within the province of the commit- 
tees' supervision. The Treaty was to remain in force five years, 
and if not denounced six months previous to the conclusion of 
that period, it would continue to be binding for another five-year 
period, and so on. This is an important feature and is certainly 
conducive to much greater stability and certainty in international 
relations than in the cases where treaties may be denouncd from 
year to year. 

Franco-Italian Arrangement, August p, igio. 

Within a short time Italy and France concluded another agree- 
ment growing out of the Treaty of 1904. This arrangement^* 
prescribed conditions under which the beneficiaries of persons, 
whether Italians or Frenchmen, could draw their pensions from 
institutions of the country in which they lived, although the pen- 
sion had been originally acquired from an institution of the other 
country. 

German-Swedish Treaty Contemplating Workmen's Insurance. 

May 2, iQii. 

A Treaty of Commerce and Navigations^ between Germany 
and Sweden imitated the example of the Swiss-ItaTian and Ger- 
man-Italian Treaties of 1904, wherein workmen's insurance be- 
came an object of contemplation for the parties concerned, in re- 
lation to the question of according equal advantages to the sub- 

2* Mahaim — Le Droit international ouvrier, Annexe V, p. 328. 
26 E. B. VII, (11-12) p. cv. 

156 



PROTECTIVE LABOR TREATIES 

jects of either party laboring within the boundaries of the other. 
While seeming to contemplate a broader field than accident insur- 
ance only, the praiseworthy ends presented by these Treaties had 
not up to this time (1911) been realized between any of the 
parties to them, even in the wellbeaten path of accident insurance 
understandings. 

Franco-Danish Treaty. Aug. p, igii. 

An entirely new type of Treaty made its appearance in the 
series we are considering, Aug. 9, 191 1, called the Franco-Danish 
Treaty of Arbitration.^^ It provided that differences of a judicial 
character arising cut of the interpretation of treaties were, in de- 
fault of settlement by diplomatic channels, to be submitted to arbi- 
tration at The Hague, except in cases that affected the indepen- 
dence, honor, or vital interest of either of the contracting States, 
or the interest of third powers ; which means, as we pointed out 
with reference to the proposal of the Portuguese Delegation at 
The Hague, that either party can reserve from adjudication at 
The Hague anything it pleases. 

But the Franco-Danish Treaty contains the earnest of an ad- 
vance to higher ground in these particulars. Four classes of 
questions are by it entirely excluded from any appeal to the reser- 
vation above remarked; in other words, the contracting States 
agreed that tmder all circumstances certain questions should, as 
a last resort, automatically become subject to arbitration at The 
Hague. Of these classes thus made the subjects of compulsory 
arbitration, the last two are of particular interest to us : 

"(3) Interpretation and application of the stipulations of the 
Convention relating to trade and navigation. 

"(4) Interpretation and application of the stipulations of the 
Convention relating to the matters hereunder indicated : 

"Industrial property, literary and artistic property, interna- 
tional private right as regulated by the Hague Conventions, inter- 
national protection of workers, posts and telegraphs, weights and 
measures, sanitary questions, submarine cables, fisheries, measure- 
ment of ships, white slave trade." 

262£. B. VI, (3), pp. 229-230. 



THE INTERATIONAL PROTECTION OF LABOR 

The disagreements relating to No. 4 and subject to judicial au- 
thority under territorial law, were to await the decision of na- 
tional jurisdiction before they were referred to arbitration, and 
awards of the arbitration tribunal were not to affect previous ju- 
dicial decisions ; but the contracting parties agreed to take meas- 
ures on occasion to bring about the adoption of the arbitrator's 
interpretation by the State tribunals. Thus while the Arbitral 
Tribunal was precluded from annulling the decisions of national 
tribunals, its decisions were to be .looked up to as a standard by 
which to unify diverse principles of judicial interpretation obtain- 
ing within the judicatures of the two countries. Should the parties 
disagree as to whether a difference belonged to the category of 
disputes to be submitted to compulsory arbitration, the Treaty in- 
vested the Arbitral Tribunal with authority to decide; or, should 
the parties be unable to reach a compromise, after a year's no- 
tification by one of them authority would vest in the Permanent 
Court to establish such a compromise. The Convention would 
renew itself for five-year periods under tacit consent. 

Swedish-Danish Sick Funds Compact, 

Another novel international arrangement 2'' was that entered 

into in the same year (1911) between Sveriges Allmdnna Sjuk- 
kasseforbund (''Swedish General Association of Sick Funds") 
and De samverkande danske centralforeningar af Sjukkasson 
("United Central Associations of Sick Funds of Denmark"), ter- 
minable after one year's notice by either party. This agreement, 
entirely unofficial, made it possible for a member of Sick Funds 
in one Association, changing his residence to the country of the 
other, to become immediately a member of the Sick Funds there, 
wholly unhampered by any requirement of entrance fee, age, state 
of health, period of v/aiting, etc. After Dec. 31, 191 1, persons 
who joined Sick Funds after their fortieth birthday, would not 
become entitled to this privilege of transfer. The Association 
with which a constituent cancelled his conection was relieved of 
all liabilities of the case, and the withdrawer became subject to 
any special conditions governing the Sick Funds to which he 

27 £. B. VII, (11-12) p. cv. 

158 



i'ROTECriVE LABOR TREATIES 

transferred his membership. Annual reports were to be ex- 
changed between the Associations, specifying all Sick Funds, be- 
longing to either organization, that were parties to the agreement. 
Any serious differences arising between such Sick Funds of the 
two countries were to be resolved by the chief organizations of 
each, or as a last appeal, by the Sick Funds Inspector of the coun- 
try to which membership had been transferred. Jan. i, 1912 was 
set as the date for the agreement to take effect. 

Draft for Spitzenhergen Convention. Jan. 26, IQ12. 

A draft ^^ under date of Jan. 26, 19 12 for an international Con- 
vention in respect of labor at Spitzenhergen laid down rules under 
which employers were to enter into a written contract with each 
workman; and, in case of sickness, accord to the laborer proper 
attendance free of charge. In case of accident the employer, 
beside complying with the foregoing requirement was to pay an 
indemnity. Another equally salutary stipulation, unusual to 
drafts for international conventions, and evidently based on the 
principle that an ounce of prevention is worth a pound of cure, 
was the prohibition of the sale of alcoholic beverages to the 
worker by or on behalf of the employer. 

German-Belgian Accident Insurance Treaty. July 6, 1^12. 

Approximately six months after the date of this proposal,^^ 
Belgium and Germany entered into an accident insurance 
Treaty^° that complemented insurance legislation of the two 
States in 1903 and 1906 respectively. Except for State or trans- 
portation undertakings, enterprises domiciled within one country 
and extending their sphere of operation into the other were to 
become subject to the accident insurance laws of the country 
where operations were carried on, provided compulsory accident 
insurance obtained for the category of establishments in question 

28 Bulletin of the International Labor Office. IX, (8-10) p. 319. 

28 For another Convention of something of this character signed (Oct. 
20, 1906) by England and France concerning the recruitment of native 
laborers in the New Hebrides, see E. B. II, (3) pp. 345-350. 

«o E. B. VIII, (2), pp 47-49. 

159 



THE INTERATIONAL PROTECTION OF LABOR 

in both States. We recognize that this agrement is of the same 
type as the German-Netherlands Treaty. With sUght variations, 
the general exception met with in most of these treaties held good 
for this ; that is, for the first six months of operation in territory 
of the foreign State, undertakings would be subject to the insur- 
ance legislation of the home State in so far as concerned em- 
ployees who had been previously attached to the works when func- 
tioning in the home State. In calculating the period of operation 
outside the country of domicile with reference to a series of 
works carried on concurrently or successively, the time would be 
reckoned from the beginning of the first to the termination of the 
last of such works; but should an interval of over thirty days 
elapse between the completion of one operation and the com- 
mencement* of the next, a new period of six months would begin 
for the operation in question. 

Certain State undertakings were to be subject in all cases to the 
accident insurance regulations of the home State, while, as pro- 
vided in the German-Netherlands Treaty, the staff of the travel- 
ing portions of transportation enterprises were to be protected in 
all cases by the insurance laws of the home State. Actions for 
civil liability connected with accidents were to occur under the 
law of the country whose legislation on compensation applied in 
the case. The agreement contained the usual stipulations rela- 
tive to engaging the mutual assistance of authorities in execution 
of the laws of one State within the other, including exemptions 
from stamp duties, the intermediacy of consular agencies, the es- 
tablishment of a standard by which to express value in different 
systems of coinage, etc. Notice of its discontinuance might be 
given at any time ; at the end of the year following such notice, 
the Treaty would be terminated. The documents ratifying the 
Treaty were exchanged on loth January, 1913. 

German-Italian Accident Insurance Treaty. July ji, ipi2. 

Less than a month after the conclusion of the German-Belgian 
Treaty, the most comprehensive insurance Treaty^^ yet drawn up 
was signed by the representatives of Germany and Italy. Thus 

31 £. B. VIII, (3-4), pp. 99-103. 

160 



PROTECTIVE LABOR TREATIES 

the suggestions of the German-ItaHan Treaty of 1904 at last ma- 
teriaHzed, and on an unprecedented scale; for the departments 
of this Treaty were distinct and four in number, including : 
I. Accident Insurance. 
II. Invalidity, Old Age and Survivors' Insurance. 

III. General Provisions. 

IV. Final Provisions (in part, contemplating future conven- 

tions). 

The part devoted to accident insurance was another repetition 
of the principle of the equality of foreigners and citizens before 
the law of the country in which they labored. The agreement 
held good for Italian Accident Insurance of agricultural laborers 
only in case they were insured according to the Italian Act of 
Jan. 31, 1904, A person might vacate his right to pension by ac- 
cepting a lump sum equal to three times the amount of his an- 
nuity; if the insurers preferred to make over to a pensioner a 
capital sum equivalent to the value of, and in lieu of, his periodic 
pension, the insuree was obliged to accept. 

The provisions of Part II dealing with invalidity, old age and 
starvivors' insurance were more complicated. It should be re- 
membered in this connection that contributions for the purchase 
of insurance in German institutions were derived in part from 
employers as well as from employees, and that not only was insur- 
ance compulsory, but it extended its benefits under certain con- 
ditions even to Germans working outside their State ; e.g., in Italy. 
Contributions for and in behalf of Italian subjects to the German 
Invalidity and Survivors' Insurance were to be equal to payments 
for German subjects, even if the Italians were enrolled at the same 
time in an institution of their own land ; viz., Cassa Nazlonale di 
Previdenza per la invalidita e per la vecchiaia degli operai, or 
Cassa Invalidi della Marena Mercantile. An Italian thus doubly 
enrolled might demand that half of the money used to purchase 
his insurance in the German institution be paid, in his behalf, by 
the German insurer to the Italian Fund ; in which case the Italian 
subject or his assigns could claim insurance from the Italian in- 
stitution only. For claims arising previous to the application for 
transfer, the German institution would stand liable. Italians 
might also transfer to their own national institutions additional 

i6t 



THE INTERATIONAL PROTECTION OF LABOR 

voluntary insurance bought under German law. Military duty in 
Italy was to be reckoned as the equivalent of such duty in Ger- 
many under the insurance law of the latter. Differences in the 
insurance legislation of the two States rendered many stipulations 
of the Treaty applicable to only one of the parties to it. 

The subjects of Germany in Italy were privileged to enroll as 
members of the Italian National Provident Fund upon an equal 
footing with Italian subjects save for certain exceptions specified. 
Such a German insuree could require the refund by the Italian 
institution of all payments made to it in his behalf, should he 
leave Italy before the contingency of insurance arose. Italian 
employers paying premiums to the Fund for workmen of their 
own nationality were obligated to do the same for German work- 
ers. The fundamental principle governing the insurance of Ger- 
mans in the Mercantile Marine Invalidity Fund of Italy was the 
same as for the other Fund. If a German drawing pension from 
either Fund voluntarily situated his home beyond Italian terri- 
tory, his policy lapsed upon his receipt of a payment triple the 
amount of his annuity. Should the German leave the country 
upon the order of Italian authorities, his pension would not suffer 
suspension, although it might be terminated by the process of 
triplication; but if his departure were in consequence of convic- 
tion for crime, his pension would be forfeited. 

Part III of the Treaty, declarative of general provisions after 
the order of treaties already studied, enjoined that mutual assis- 
tance be accorded by the authorities of each body politic in all mat- 
ters concerned with the execution of the law; that exemptions 
from stamp duties and fees, decreed by one country for its own 
administration, were to be extended to the administration within 
its confines of the insurance laws of the other; and that the 
proper consular authorities were always to be notified of the con- 
clusion of an inquiry into an accident relevant to insurance pro- 
ceedings. Also for the purpose of taking evidence or serving 
legal papers in foreign jurisdiction, arrangements were contem- 
plated whereby the assistance of the consular authorities of either 
country might be invoked. 

There were also stipulations heretofore unknown to this class 
of treaties. For the administration of German insurance within 

162 



PROTECTIVE LABOR TREATIES 

Italy, the latter was to send to the German Government a list 
of the names of Italian doctors, hospitals, etc. suitable for medi- 
cal treatment of injured Germans, besides also seeing to it that 
expenses in connection with these individuals and institutions 
should not become excessive. 

Part IV, entitled "Final Provisions," was of the order of reso- 
lutions that looked toward future agreements, which we have dis- 
covered to be sometimes condemned and frequently made light of 
as insufficiently practical ; but in view of the offspring which they 
now can boast, we are justified in lending them for a few mo- 
ments at least our careful and respectful attention. The signa- 
tories considered a future convention enlarging the scope of this 
agreement so as to include agricultural insurance, when such a 
system should be introduced in Italy as might be deemed equiva- 
lent to German Agricultural Accident Insurance. Likewise they 
looked forward to the conclusion of a convention placing their 
respective subjects upon the same footing with respect to invalid- 
ity, old-age, and survivors' insurance, when Italy in this phase 
of insurance had evolved an organization equal to that of Grer- 
many. 

The date for the Treaty's coming into force was April i, 1913; 
it could be denounced at any time and would cease to be valid 
at the end of the year following such notice. Ratifications were 
exchanged at Berlin March 25, 1913, and six days later there ap- 
peared in Germany official notifications with reference to special 
measures to be pursued in execution of certain of its articles and 
paragraphs. 

German-Spanish Accident Agreement Respecting Sailors. 

An accident contract^^ respecting sailors was concluded be- 
tween Germany and Spain by an exchange of Diplomatic Notes 
on Nov. 30, 1912 and Feb. 12, 1913. By this agreement, if a 
Spanish sailor on board a German ship met with an accident in 
a German port, or was brought to a German port after the acci- 
dent, German officials were to notify the competent Spanish con- 
sul; similar procedure was obligatory if the port was non-Ger- 

32 £. B. VIII, (6-7), p. 247. 

163 



THE INTERATIONAL PROTECTION OF LABOR 

man; and if the port was Spanish and at the same time a chief 
town of a province the civil Gk)vemment or else the Alcade was 
to be notified. In case the accident occurred on the high seas, it 
was incumbent upon the German Consul to notify, if possible, the 
proper authorities within twenty-four hours from the moment 
the ship entered a Spanish port. By interchanging the words 
"Spanish" and "German" reciprocal action was specified for a 
German injured in the employ of a Spanish ship, except that in 
the clause last referred to in the agreement, the last two words ; 
vi^., "Spanish port" seem to have been retained in the reciprocal 
rephrasing of the clause instead of inserting the naturally expected 
words "German port." 

Treaty Between Italy and the United States. Feb. 25, 1913- 

By reason of the fact that the prerogatives of labor legislation 
have inhered principally in the individual commonv/ealths of the 
American Republic rather than in congressional legislation, and 
because constitutional tradition upholding the theory of the parti- 
bility of soverignty has been very jealous of what is known as 
"state's rights" in contradistinction to national centralization of 
authority, the liberty that the United States might otherwise have 
felt free to exercise in matters pertaining to international agree- 
ments in protection of labor has been greatly lessened. An ex- 
ample of about the best we have done thus far in the way of a 
protective labor Treaty is the agreement signed between Italy and 
the United States under date of Feb. 25, 1913 in amendment of 
an old Treaty of Commerce and Navigation of Feb. 26, 1871. 
The principle clause of the late agreement ^^ is as follows : 

"The citizens of each of the High Contracting Parties shall re- 
ceive in the States and Territories of the other the most constant 
security and protection of their persons and property and for 
their rights, including that form of protection granted by any 
State or national law which establishes a civil responsibility for 
injuries or for death caused by negligence or fault, and gives to 
relatives or heirs of the injured party a right of action which shall 
not be restricted on account of the nationality of said relatives or 
heirs ; and shall enjoy in this respect the same rights and privi- 

33 £. B. VIII, (9-10), p. 363. 

164 



PROTECTIVE LABOR TREATIES 

leges as are or shall be granted to nationals, provided that the}/ 
subnoit themselves to the conditions imposed on the latter." 

There is comparatively little federal law in America, other than 
that covering federal employees or employees engaged in inter- 
state commerce, that may be termed distinctively protective labor 
law. As an example of such law we may note that the use of 
white phosphorus in the manufacture of matches has been effec- 
tively prevented through a statute prohibiting the importation or 
exportation of matches containing the substance, and levying a 
prohibitive tax upon such matches.^* At the same time state laws 
are very diverse and in many instances very deficient, which is a 
situation that cannot continue indefinitely if we are to maintain 
a place in the sphere of industrial legislation compatible and com- 
parable with the dignity of our social and political position in the 
world. 

Franco-Swiss Insurance Agreement. Oct. ij, JpJJ- 

In the same year (1913) France and Switzerland entered into 
an understanding ^^ to prevent Frenchmen or foreigners working 
on French soil and regularly employed by the Swiss Federal Rail- 
roads from becoming subject to the old-age insurance systems of 
both France and Switzerland. The legislation of the two coun- 
tries was dissimilar, but the agreement dissipated the difficulties 
which had arisen by stipulating that such employees on French 
soil might be insured in the Swiss system in place of the French ; 
but if not insured in either, they were obliged to take out pro- 
tection according to the terms of French law. 

As a side light upon the compulsory old-age insurance of rail- 
road employees obtaining in both France and Switzerland, it is 
worthy of note that by an Act of July 21, 1909,^^ France com- 
pelled the great railway lines to insure all employees in a retiring 
pension scheme, to which contributions were made by the railway 
companies and by means of deductions from the salaries of the 
employees. The scope of old-age pension in France was extended 

8* United States Statutes at Large (1911-1913), Vol. 37, Part I, p. 81. 
Chap. 75. — An Act to provide for a tax upon white phosphorus matches, 
and for other purposes. 

8S£. B. IX, (3), p. 61. 

8«£. B. IV, (4) pp. 302-305. 

165 



THE INTERATIONAL PROTECTION OF LABOR 

by an Act of April 5, 1910,^^ entitling to its benefits employees 
of both sexes in industry, agriculture, commerce, and the liberal 
professions, servants, state employees not insured in civil or mili- 
tary systems, and employees of Departments and communes. It 
W3LS in general a compulsory system with support derived from 
state subsidies, contributions of employers, and either compulsory 
or voluntary contributions of insured parties according as the 
case might require. Foreign laborers came within the terras of 
its requirements without benefit of employers' contributions or 
budgetary subventions except as reciprocity treaties with other 
countries might provide for such privileges. 

Italian-German War Arrangement. May 12-21, 191 5. 

The following clause explains an agreement^® between Italy 
and Germany after the outbreak of the World War; and just be- 
fore Italy's Declaration of War upon Austria-Hungary (May 23, 
1915). 'The subjects of either of the two States shall continue to 
enjoy the benefits provided in the laws in force in the other coun- 
try in the matter of social insurance. The power to take advan- 
tage of the rights in question shall not be resticted in any man- 
ner." 

* * * 

There are certain principles which in general are common to 
these international agreements covering insurance, particularly 
accident insurance. In brief they stipulate for : 

(i) Equality of treatment of foreigners and citizens working 
in the same country, before the insurance law of that country. 

(2) An exception for the first six months of an establishment's 
operation on foreign soil, during which the insurance laws of the 
State of its domicile apply. 

(3) Inclusion of transportation lines in the above exception. 

(4) Mutual aid in the administration of the laws of one coun- 
try within the territory of the other. 

(5) Reciprocal grant of special exemptions in the administra- 
tion of the insurance law of one State within the territory of the 
other (usually, to the effect that special advantages and excep- 
tions incident to the insurance legislation of one State shall apply 

37 £. B. V, (4) pp. 361-375. 
88 £. B. XI, (6-7), p. 181. 

166 



PROTECTIVE LABOR TREATIES 

to the administration within its territory of the insurance law of 
the other). 

(6) Denunciation of the Treaty to take effect one year after 
notice; (or, as sometimes stated, at the expiration of the year fol- 
lowing the denunciation). 

(7) Notification of the inquiry into an accident to the proper 
consular authority, (frequently, under the condition that such 
notification be tendered immediately, upon the conclusion of the 
inquiry, to the consul in the district where the injured party re- 
sided at the time of the accident.) 

(8) Facilities by which insurance acquired by individuals in a 
foreign country may be paid to them through institutions of their 
own country. 

(9) A forecast of possible treaties of the future. 

The foregoing treaties on accident insurance may be roughly 
classified in groups according to the above principles. Treaties 
completely characterized by principle No. 9 in so far as relates to 
workmen's insurance are the Swiss-Italian (1904), the German- 
Italian (1904), the Crerman-Austro-Hungarian (1905), and the 
German-Swedish (1911). The same is true of the Franco-Italian 
Treaty (1904) in so far as it relates to accident insurance. 

A group of agreements providing in general that firms operat- 
ing in the territory of the other country less than six months are 
to be subject to the accident insurance law of the country of 
operation, are the German-Luxemburg Treaty (1905) to which 
principles 2-3-4-5 apply, the German-Netherlands Treaty (1907) 
to which principles 2-4-5-6 are applicable, and the German-Bel- 
gian Treaty (1912) to which apply the same (principles 2-4-.S-6. 

The category to which belong the largest number of treaties, is 
distinguished by a precise declaration of the principle that, in 
respect of compensation for accidents, subjects of either party 
working in the territory of the other are to enjoy equal privileges 
with the citizens of the land in which they labor. This group 
in which are all of the following treaties, may be further sub- 
divided. To the Belgian-Luxemburg Treaty (1905), the Franco- 
Luxemburg Treaty (1906), and the Franco-Belgian Treaty 
(1906), principles 1-6 inclusive apply, covering also principle 7 
in the case of the last-named Treaty ; by the Franco-Italian agree- 

167 



THE INTERNATIONAL PROTECTION OF LABOR 

ment (1906), the Hungarian-Italian agreement (1909), and the 
German-Italian agreement (1912), principles 1-4-5-6-7-8 are 
clearly stated, including No. 9 in the instance of the German-Ital- 
ian Treaty. The Franco-British Treaty (1909) contains princi- 
ples 1-2-3-4-6-8. 

Much however that is not stated in a treaty in so many words 
may be enacted in pursuance of its interpretation by a protocol 
or by administrative authorities. Moreover, the existence of 
other law may make unnecessary a statement of principle that 
would otherwise occur. Therefore, if an insurance treaty does 
not formally specify that subjects of both countries are to be 
treated equally in respect of the insurance law of either, it is 
patent that the omission of itself constitutes no proof that the 
principle is not applied by the parties in question. Thus we find 
Cjermany by virtue of her national legislation applying various 
phases of this principle in her treatment of laborers of Belgium 
and Luxemburg within her territory, although her accident insur- 
ance Treaties with these countries do not make any statement 
specifically to this effectt 



168 



APPENDIX I. 
Labor Law Internationally Adopted. 



CONTENTS 
APPENDIX I. 

Labor Law Internationally Enacted. 

Exhibit. Page. 

1. Draft of an International Convention Respecting the Prohibition 
of the use of White (Yellow) Phosphorus in the Manufacture 

of Matches (1905) 174 

2. Draft of an International Convention Respecting the Prohibition 

of Night-Work for Women in Industrial Employment (1905) 174 

3. International Convention Respecting the Prohibition of Night- 
Work for Women in Industrial Employment (September 26, 1906) 175 

4. International Convention Respecting the Prohibition of the use of 
White (Yellow) Phosphorus in the Manufacture of Matches 
(September 26, 1906) 178 

5. Convention Between France and Italy (April 15, 1904) 180 

6. Agreement, Concluded on the 9th June, 1906, Between France and 
Italy, Relating to Compensation for Injuries Resulting from In- 
dustrial Accidents 184 

7. Agreement, Concluded on 10th June, 1910, Between France and 
Italy, Relating to the Protection of Young Persons of French 
Nationality Employed in Italy and Vice Versa 189 

8. Treaty of Commerce Between Switzerland and Italy (July 13, 
1904) Extract 194 

9. Treaty of Commerce Between the German Empire and Italy, 
(December 3rd, 1904) Extract 195 

10. Treaty of Commerce Between the German Empire and Austria- 
Hungary, (Jan. 19, 1905) Extract 195 

11. Treaty on Accident Insurance Between the Grand-Duchy of Lux- 
umburg and Belgium, (April 15, 1905) 195 

11a. Supplementary Convention Between Luxumburg and Belgium, 
(May 22, 1906) 197 

12. Treaty on Insurance Between Germany and Luxumburg, (Sept. 

2, 1905) 197 

13. Franco-Belgian Treaty Relating to Compensation for Injuries 
Resulting from Industrial Accidents, (Feb. 21, 1906) 200 

171 



CONTENTS {Coniimied) 

Exhibit Page 
13a. Note, Dated 12th March, 1910, in Pursuance of the Convention 
Respecting Compensation for Injuries Resulting from Industrial 
Accidents, Concluded at Paris on the 21st February, 1906 Between 
France and Belgium 201 

14. (German Empire) Notification to Repeal Provision of the Acci- 
dent Insurance Acts in Favor of the Grand-Duchy of Luxumburg, 
(May 9, 1905) 202 

15. Convention Between France and Luxumburg Relating to Com- 
pensation for Injuries Resulting from Industrial Accidents, (June 

27, 1906) 203 

16. Treaty Between the German Empire and the Netherlands Relating 

to Accident Insurance, (August 27, 1907) 205 

16a. Supplementary Treaty Between the German Empire and the 
Netherlands, (May 30, 1914) 208 

17. Convention Signed at Paris the 3rd day of July, 1909, Between 
France and the United Kingdom , 208 

18. Agreement Between Hungary and Italy Respecting Accident 
Insurance, (Sept. 19, 1909) 210 

19. Treaty of Commerce and Navigation Between the German Em- 
pire and Sweden, (May 2, 1911) Extract 215 

20. Franco-Danish Treaty of Arbitration, (Aug. 9, 1911) 215 

21. Convention Between the German Empire and Belgium in Regard 

to Insurance Against Industrial Accidents, (July 6, 1912) 217 

22. Convention Between the German Empire and the Kingdom of 
Italy with Respect to Workmen's Insurance, (July 31, 1912) 221 

23. Agreement Between the German Empire and Spain Concerning 
the Reciprocal Comm.unication of Accidents to Spanish Sailors on 
German Ships and of German Sailors on Spanish Ships (Con- 
cluded by Exchange of Diplomatic Notes on 30th of Nov., 1912, 

12 February, 1913) 227 

24. Treaty Between Italy and the United States, Amending the Treaty 
of Commerce and Navigation Concluded 26th February, 1871 
(Feb. 25, 1913) 228 

25. Agreement Between France and Switzerland Relating to Pensions 
to be Granted to Members of the Staff of the Swiss Federal 
Railroads Employed on French Territory (Oct. 13, 1913) 229 



172 



EXHIBITS 



EXHIBIT I. 

Draft of an International Convention Respecting the Prohibi- 
tion of the Use of White {Yellow) Phosphorus in 
the Manufacture of Matches {1905) 

Article i. — Beginning with January i, 191 1, the importation, 
manufacture, or sale of matches containing white (yellow) phos- 
phorus shall be prohibited. 

Art. 2. — The records of ratification shall be deposited not later 
than December 31, 1907. 

Art. 3. — The Government of Japan shall be invited to declare 
its adhesion to the present Convention before December 31, 1907. 

Art. 4. — The Convention shall take effect on condition of 
the adhesion of all the States represented at the conference and 
of Japan. 

(Translation: G. B. — Bulletin des Internationalen Arbeitsam- 
tes, Bd. IV, p. I.) 

EXHIBIT 2. 

Draft of an International Convention Respecting the Prohibition 

of Night-Work for Women in Industrial 

Employment (ipo^). 

Article i. — The industrial night- work of all women shall be 
prohibited, save for the exceptions hereafter stated : 

The Convention shall apply to all industrial enterprises which 
employ more than ten men and Avomen workers ; it shall not apply 
in any case to undertakings in which only members of the family 
are engaged. 

It shall be incumbent upon each of the contracting parties to 
,define just what is meant by the term "industrial enterprises." 
In any case the same shall include mines and quarries, as well 
as manufacturing industries ; the line of demarcation between 
industry on the one hand and agriculture and commerce on the 
other shall be specified by the legislation of each State. 

Art. 2. — The night-rest contemplated in the preceding article 
shall be of at least eleven consecutive hours* duration. In these 

174 



LABOR LAW INTERNATIONALLY ADOPTED 

eleven hours must be included in every State the interval from 
lo p. m. to 5 a. m. 

However, in the States in which the industrial night- work of 
adult female employees is not now regulated, the duration of 
uninterrupted rest may, by way of transition and for a period of 
not more than three years, be limited to ten hours. 

Art. 3. — The interdiction of night-work may be suspended: 

1. In cases where there occurs in an enterprise an interruption 
of work, impossible to foresee and nonperiodic in character caus- 
ed by natural forces; 

2. In cases where the occupation involves materials suscepti- 
ble of very rapid deterioration, when night-work shall be required 
in order to save such materials from inevitable destruction. 

Art. 4. — In the industries subject to the influence of the sea- 
sons, and in every industry in case of exceptional circumstances, 
the period of unbroken night-rest may be reduced to ten hours on 
sixty days in the year. 

Art. 5. — The records of the ratification of the Convention 
must be deposited by December 31, 1907, at the latest. 

The Convention shall come into force three years from the 
date of the deposition of the ratifications. 

That interim shall be ten years: 

1. For manufactories of raw beet sugar; 

2. For wool combing and weaving; 

3. For open mining operations suspended at least four months 
in the year because of climatic conditions. 

(Signed at Bern on i6th May, 1905.) 
(Translation; Ibid,, pp. 1-2.) 

EXHIBIT 3. 

International Convention Respecting the Prohibition of Night- 
Work for Women in Industrial Employment 
{Sept. 26, ipo6). 

Article I. — Night- work in industrial employment shall be pro- 
hibited for all women without distinction of age, with the excep- 
tions hereinafter provided for. 

The present Convention shall apply to all industrial under- 

175 



THE INTERNATIONAL PROTECTION OF LABOR 

takings in which more than ten men or women are employed: 
it shall not in any case apply to undertakings in which only the 
members of the family are employed. 

It is incumbent upon each contracting state to define the term 
"industrial undertakings." The definition shall in every case 
include mines and quarries and also industries in which articles 
are manufactured and materials transformed: as regards the 
latter, the laws of each individual country shall define the line 
of division which separates industry from agriculture and com- 
merce. 

Art. 2. — The night rest provided for in the preceding article 
shall be a period of at least ii consecutive hours; within these 
1 1 hours shall be comprised the interval between lo in the even- 
ing and 5 in the morning. 

In those states, however, where the night-work of adult women 
employed in industrial occupations is not as yet regulated, the 
period of uninterrupted rest may provisionally, and for a maxi- 
mum period of three years, be limited to lo hours. 

Art. 3. — The prohibition of night-work may be suspended — 

(i) In the cases of force majeure, when in any undertaking 
there occurs an interruption of work which it was impossible to 
foresee and which is not of a periodic character. 

(2) In cases where the work has to do with raw materials 
or materials in course of treatment which are subject to rapid 
deterioration, when such night-work is necessary to preserve the 
said materials from certain loss. 

Art. 4. — In those industries which are influenced by the sea- 
sons, and in all undertakings in the case of exceptional circum- 
stances, the period of the uninterrupted night rest may be reduced 
to 10 hours on sixty days of the year. 

Art. 5. — It is incumbent upon each of the contracting states 
to take the administrative measures necessary to ensure the strict 
execution of the terms of the present Convention within their re- 
spective territories. 

Each Government shall communicate to the others through the 
diplomatic channel the laws and regulations which exist or shall 
hereafter come into force in their country with regard to the 
subject matter of the present Convention, as well as the periodical 

176 



LABOR LAW INTERNATIONALLY ADOPTED 

reports on the manner in which the said laws and regulations are 
applied. 

Art. 6. — The present Convention shall only apply to a colony, 
possession or protectorate when a notice to this eifect shall have 
been given on its behalf by the Government of the Mother 
Country to the Swiss Federal Council. 

Such Government when notifying the adhesion of a colony, 
possession or protectorate shall have the power to declare that 
the Convention shall not apply to such categories of native labour 
as it would be impossible to supervise. 

Art. 7. — In extra-European states, as well as in colonies, pos- 
sessions or protectorates, when the climate, or the condition of the 
native population shall require it, the period of the uninterrupted 
night rest may be shorter than the minima laid down in the pres- 
ent Convention provided that compensatory rests are accorded 
during the day. 

Art. 8. — The present Convention shall be ratified and the rati- 
fications deposited with the Swiss Federal Council by December 
31, 1908, at the latest. 

A record of this deposit shall be drawn up of which one certi- 
fied copy shall be transmitted to each of the contracting states 
through the diplomatic channel. 

The present Convention shall come into force two years after 
the date on which the record of deposit is closed. 

The time limit for the coming into operation of the present 
Convention is extended from two to ten years in the case of — 

1. Manufactories of raw sugar from beet. 

2. Wool combing and weaving. 

3. Open mining operations, when climatic conditions stop 
operations for at least four months every year. 

Art. 9. — The states non-signatories to the present Convention 
shall be allowed to declare their adhesion to it by an act addressed 
to the Swiss Federal Council, who will bring it to the notice of 
each of the other contracting states. 

Art. 10. — The time limits laid down in Article 8 for the coming 
into force of the present Convention shall be calculated in the 
case of non-signatory states as well as of colonies, possessions 
or protectorates, from the date of their adhesion. 

177 



THE INTERNATIONAL PROTECTION OF LABOR 

Art. II. — It shall not be possible for the signatory states, or 
the states, colonies, possessions or protectorates who may sub- 
sequently adhere, to denounce the present Convention before the 
expiration of twelve years from the date on which the record 
of the deposit of ratification is closed. 

Thenceforward the Convention may be denounced from year 
to year. 

The denunciation will only take effect after the lapse of one 
year from the time when written notice has been given to the 
Swiss Federal Council by the Government concerned, or, in the 
case of a colony, possession or protectorate, by the Government 
of the mother country. The Federal Council shall communicate 
the denunciation immediately to the Governments of each of the 
other contracting states. 

The denunciation shall only be operative as regards the state, 
colony, possession or protectorate, on whose behalf it has been 
notified. 

In witness whereof the plenipotentiaries have signed the pres- 
ent Convention. 

Done at Berne this twenty-sixth day of September, nineteen 
hundred and six, in a single copy, which shall be kept in the 
archives of the Swiss Confederation, and one copy of which, 
duly certified, shall be delivered to each of the contracting states 
through the diplomatic channel. 

{E. B. — English Bulletin of the International Labor Office, 
Vol. I, (4-8), pp. 273-275). 

EXHIBIT 4. 

International Convention Respecting the Prohibition of the Use 

of White {Yellow) Phosphorus in the Manufacture 

of Matches {Sept. 26, ipo6). 

(i) The High Contracting Parties bind themselves to pro- 
hibit in their respective territories the manufacture, importation, 
and sale of matches which contain white (yellow) phosphorus. 

(2) It is incumbent upon each of the contracting states to 
take the administrative measures necessary to ensure the strict 

178 



LABOR LAW INTERNATIONALLY ADOPTED 

execution of the terms of the present Convention within their 
respective territories. 

Each Government shall communicate to the other through the 
diplomatic channel the laws and regulations which exist or shall 
hereafter come into force in their country with regard to the sub- 
ject matter of the present Convention, as well as the reports on 
the manner in which the said laws and regulations are applied. 

(3) The present Convention shall only apply to a colony, 
possession or protectorate when a notice to this effect shall have 
been given on its behalf by the Government of the mother coun- 
try to the Swiss Federal Council. 

(4) The present Convention shall be ratified, and the ratifi- 
cations deposited with the Swiss Federal Council by December 
31, 1908, at the latest. 

A record of the deposit shall be drawn up, of which one cer- 
tified copy shall be transmitted to each of the contracting states 
through the diplomatic channel. 

The present Convention shall come into force three years 
after the date on which the record of the deposit is closed. 

(5) The states non-signatories to the present Convention shall 
be allowed to declare their adhesion by an act addressed to the 
Swiss Federal Council, who will bring it to the notice of each of 
the other contracting states. 

The time limit laid down in Article 4 for the coming into 
force of the present Convention is extended in the case of the 
non-signatory states, as well as of their colonies, possessions or 
protectorates, to five years, counting from the date of the notifi- 
cation of their adhesion. 

(6) It shall not be possible for the signatory states, or the 
states colonies, possessions or protectorates who may subse- 
quently adhere, to denounce the present Convention before the 
expiration of five years from the date on which the record of the 
deposit of ratification is closed. 

Thenceforward the Convention may be denounced from year 
to year. 

The denunciation will only take effect after the lapse of one 
year from the time when written notice has been given to the 

179 



THE INTERNATIONAL PROTECTION OF LABOR 

Swiss Federal Council by the Government concerned, or, in the 
case of a colony, possession or protectorate, by the Government 
of the mother country; the Federal Council shall communicate 
the denunciation immediately to the Governments of each of the 
contracting states. 

The denunciation shall only be operative as regards the state, 
colony, possession or protectorate on whose behalf it has been 
notified. 

In witness whereof the Plenipotentiaries have signed the pres- 
ent Convention. 

Done at Berne this twenty-sixth day of September, Nineteen 
hundred and six, in a single copy which shall be kept in the 
archives of the Swiss Federation, and one copy of which duly 
certified shall be delivered to each of the contracting powers 
through the diplomatic channel. 

{Ihid, pp. 275-276.) 

EXHIBIT 5. 
Convention Between France and Italy {April 15, 1904), 

The President of the French Republic and His Majesty the 
King of Italy desiring by international agreement to insure to 
workers reciprocal guarantees analagous to those which treaties 
of commerce have provided tor the products of labor and particu- 
larly; 

(i) To secure to their subjects working in the foreign coun- 
try, the enjoyment of their savings and to procure for them the 
benefit of social insurance, and 

(2) To guarantee to workers the maintenance of protective 
measures and to co-operate for the advancement of labor legis- 
lation, have resolved to conclude a convention to that effect and 
have named for their plenipotentiaries, etc 

Article i. — Negotiations shall be entered into at Paris after the 
ratification of the present Convention for the conclusion of ar- 
rangements based on the principles hereafter stated and designed 
to regulate the detail of their application, exception being made 
for the Arrangement relative to the State Savings Bank of France 

180 



LABOR LAW INTERNATIONALLY ADOPTED 

and the Postal Savings Bank of Italy contemplated in paragraph 
(a) below, which shall be annexed to the Convention. 

(a) The funds deposited as savings, either in the State Sav- 
ings Bank of France or the Postal Savings Bank of Italy, can, 
on demand of the interested parties, be transferred without charge 
from the one to the other bank, each of the banks applying tO' the 
deposits thus transferred the general rules which it applies to 
deposits made in it by its own nationals. 

A law of transfer, on a corresponding basis may be established 
between the different private savings banks of France and Italy, 
having their domicile in large industrial centers or in frontier 
towns. Without requiring absolute gratuity of transfer, this law 
shall stipulate for the co-operation of the Post Office either 
gratuitously or at reduced rates. 

(b) The two governments shall facilitate, through the medium 
both of the Post Office and the National Funds, the payment of 
insurance premiums of Italians resident in France to the National 
Provident Fund of Italy, and of Frenchmen residing in Italy to 
the National Pension Fund of France. They shall facilitate, 
likewise, the payment in France of pensions acquired, either by 
Italians, or by Frenchmen, to the National Fund of Italy, and 
reciprocally. 

(c) The admission of manual workers and other employees 
of Italian nationality to old-age and perhaps invalidity insurance, 
in the general system of labor pensions now under consideration 
of the French Parliament, as well as the participation of laborers 
and employees of French nationality in the system of working- 
men's pensions in Italy, shall be regulated immediately after the 
passage of legislative provisions in the contracting countries. 

The part of the pension corresponding to the deposits of the 
worker or employee or to deductions from his wage shall accrue 
to him in full. 

As to the part of the pension corresponding to the contribu- 
tion of the employer an arrangement shall be made upon the 
principle of reciprocity. 

The part of the pension which will be eventually derived from 
State subsidies shall be left to the estimate of each State and 

i8i 



THE INTERNATIONAL PROTECTION OF l^ABOR 

paid from its funds to its nationals having acquired a pension in 

the other country. 

The two contracting States shall facilitate through the medium 
both of the Post Office and their insurance Funds the payment in 
Italy of pensions acquired in France, and reciprocally. 

The two governments shall study a special system for the 
acquisition of pensions by workers and employees who have 
worked successively in the two countries during minimum periods 
to be determined without fulfilling in either of the two the con- 
ditions required for workingmen's pensions. 

(d) The workers and employees of Italian nationality injured 
in France by reason or at the instance of their labor, and also 
their representatives resident in France, shall be entitled to the 
same indemnities as Frenchmen, and reciprocally. 

The Italian beneficiaries of annuities ceasing to reside in 
France as well as dependants of the injured parties who were 
not resident in France at the time of the accident, shall be en- 
titled to pensions to be determined. The capital sums equivalent 
to the actuarial value of the benefits in accordance with a scale 
annexed to the Arrangement, shall be deposited in the National 
Provident Fund of Italy to be applied by it as a guarantee of the 
payment of the annuity. The Italian National Accident Insur- 
ance Fund shall likewise insure French employers according to 
a conventional scale, against their liabilities to representatives not 
being resident in France, of injured Italian workmen, if such em- 
ployers desire to be relieved from the obligation of making in- 
quiries and all other similar proceedings. Equivalent advantages 
shall be reciprocally guaranteed to French workmen injured in 
Italy. 

(e) The admission of Italian workmen and employees in 
France to insurance institutions or relief funds against unemploy- 
ment subsidized by the State, and the admission of French labor- 
ers and employees in Italy into similar institutions shall, in case 
of the passage of legal provisions relative to these institutions 
in both countries, be thereafter regulated. 

(f) The arrangements provided for in the present article 
shall be concluded for a period of five years. The contracting 
parties must give notice one year in advance, if it is their in- 

182 



LABOR LAW INTERNATIONALLY ADOPTED 

tention to terminate the agreement upon the expiration of that 
period. In the absence of such notice, the arrangement shall be 
extended from year to year, for a period of one year, by tacit 
renewal. 

Art. 2. (a) — In order to avoid errors or false declarations 
the two governments shall define the character of the documents 
to be presented to Italian Consulates by young Italians engaged 
to work in France, as well as the form of the certificates to be 
furnished by the said Consulates to the Mayoral offices before de- 
livering to children the employment books prescribed by child- 
labor legislation. The labor inspectors shall require the presenta- 
tion of the certificates upon each visit and shall confiscate em- 
ployment books wrongfully possessed. 

(b) The French government shall organize Protection Com- 
mittees including among their members as many Italians as pos- 
sible in industrial regions where a large number of young Ital- 
ians not living with their families are employed through middle- 
men. 

(c) The same measures shall be adopted for the protection 
of young French workers in Italy. 

Art. 3. — In case the initiative shall be taken by one of the 
two contracting States, or by one of the States with whom they 
maintain diplomatic relations, to convoke an international con- 
ference of various governments with the object of bringing about 
uniformity by means of conventions in certain provisions of pro- 
tective labor laws, the adhesion of one of the two Governments 
to the proposal of the Conference shall entail upon the other 
Government a response favorable in principle. 

Art. 4. — At the moment of signing this Agreement the Ital- 
ian Government engages to complete the organization throughout 
the whole kingdom, and more particularly in those regions where 
industry is developed, a factory inspection system operating 
under the authority of the State, and affording, for the applica- 
tion of the laws, guarantees analagous to those which the factory 
inspection system of France presents. 

The inspectors shall enforce the observance of the laws in 
force on the work of women and children, and especially the 
provisions which relate to — 

183 



THE INTERNATIONAL PROTECTION OF LABOR 

1. The prohibition of night- work; 

2. The age of admission to work in industrial shops; 

3. The length of the workday; 

4. The obligation of weekly rest. 

The Italian Government engages to publish an annual detailed 
report on the application of the laws and regulations relative to 
the work of women and children. The French Government 
assumes the same obligation. 

The Italian Government furthermore declares that it intends 
to apply itself to the study and gradual realization of the pro- 
gressive reduction of the length of the workday of women in 
industry. 

Art. 5. — Each of the two contracting parties reserves to itself 
the option of denouncing at any time the present Convention and 
the Arrangements provided by Article i, by giving notice one 
year in advance, if there is evidence that the legislation relative 
to work of women and children has not been respected by the 
other party, in the matters specified in Article 4 paragraph 2, 
in default of adequate inspection, or by reason of sufferances con- 
trary to the spirit of the law, or in case the legislature shall di- 
minish the protection decreed in favor of labor in respect of the 
same points. 

Art. 6. — The present Convention shall be ratified and the rati- 
fications shall be exchanged at Rome as soon as possible. 

In witness whereof, the plenipotentiaries have signed the 
present Convention and affixed their seals thereto. 

Drawn up in duplicate at Rome, April 15, 1904. 

(Translation: Archives diplomatiques, 1904, t. 92, p. 1269- 
1274.) 

N. B. Part II of this Convention relates to the transfer of 
funds deposited in the Savings Banks of the two countries. 

EXHIBIT 6. 

Agreement, Concluded on the pth June, ipo6, Between France 

and Italy, Relating to Compensation for Injuries Re- 

suiting From Industrial Accidents. 

(i) Italian workmen or employees who meet with accidents 

arising out of or in the course of their employment on French 

184 



LABOR LAW INTERNATIONALLY ADOPTED 

territory, or their representatives, shall have the same rights to 
compensation as French workmen or employees, or their repre- 
sentatives, and vice versa. 

(2) The same rule shall apply, subject to the conditions con- 
tained in the following articles, to claimants who were not re- 
siding within the territory of the country where the accident 
happened at the time when it occurred, or who subsequently 
ceased to reside therein. 

(3) If an accident is followed by an inquiry, notice of the con- 
clusion of the inquiry shall be given immediately to the consular 
authority of the district within which the injured workman was 
living at the time when the accident occurred, in order that the 
said authority may take note of the inquiry in the interests of the 
claimants. 

(4) Employers and insurers in either country shall have the 
right to pay installments of benefit or compensation due through 
the agency of the consular authority, contemplated in the preced- 
ing article, of the other country. The said authority shall produce 
the papers of identity and life certificates, and also make pro- 
vision for forwarding instalments of benefit or compensation to 
subjects of his country residing within his district at the time of 
the accident. 

(5) The Italian National Accident Insurance Fund shall in- 
sure French employers, on the model scale appended to this 
agreement, against their liabilities to representatives, not being 
resident in France, of injured Italian workmen, if such employers 
desire to be relieved from the obligation of making inquiries and 
other proceedings. 

The proper authorities of the two countries shall revise this 
provisional scale as soon as possible in the light of statistical data 
to be collected hereafter. 

(6) If an employer or insurer has made provision with the 
French National Old Age Pensions Fund for pensions to Italian 
workmen or their representatives, payment of such pensions 
shall, at their request, be made to them through the Italian 
National Workmen's Disablement and Old Age Provident Fund. 
In this case the French National Fund shall settle with the Italian 

185 



THE INTERATIONAL PROTECTION OF LABOR 

Fund by forwarding every quarter the amount of the pension 
claims which would have been payable in France. 

In the case of benefits, the rate of which is definitely .fixed, 
the French National Fund may settle with the Italian National 
Fund by depositing a capital sum equivalent to the actuarial value 
of the benefit in accordance with the scale on which the same 
has been acquired; this deposit shall be devoted to the purchase 
of an annuity in accordance with the scale in force for the Italian 
National Fund at the time. 

(7) If an employer or insurer has deposited with the Italian 
National Provident Fund compensation due to French workmen, 
the Fund shall, on application, forward to them by money order 
(mandat postal) the amount which would have been payable in 
Italy. 

In the case of benefits the rate of which is definitely fixed, 
the Fund may discharge its liabilities by depositing with the 
French National Pension Fund a capital sum equivalent to the 
actuarial value of the benefit in accordance with the scale on which 
the same has been acquired; this deposit shall be devoted to the 
purchase of an annuity in accordance with the scale in force for 
the French National Fund at the time. 

Compensation falling due for fatal accidents incurred by 
French workmen in Italy may be deposited in the form of a 
lump sum with the French Deposit Fund (Caisse des depots et 
consignations) y which shall hold the amount at the disposal of the 
interested parties on their claim being proved. 

(8) The money orders contemplated in the first paragraph 
of Article 7, and sums forwarded by the National Pension Fund 
to the Italian National Provident Fund, or reciprocally, shall take 
the form of office orders (mandats d' office) under the conditions 
set forth in Article 5 of the agreement relating to the transfer 
of deposits between the ordinary savings banks of the two 
countries. 

(9) The two national funds shall always reserve the right to 
amend their respective scales in the future. 

(10) Exemption from taxes and any financial advantages 
granted by French law to documents which have to be presented 

186 



LABOR LAW INTERNATIONALLY ADOPTED 

in order to obtain compensation, shall apply equally in cases 
where the documents in question are required for the payment of 
compensation under Italian law, and vice versa. 

(ii) If an Italian workman, not resident in France, fails 
to receive the compensation to which he is entitled, and if he 
applies to the Guarantee Fund established by French law, the 
duties devolving, in connection with such applications, upon the 
municipal authorities, shall be fulfilled, on his behalf, by the 
Italian consular authorities in Paris, under conditions to be de- 
termined by the authorities concerned in the two countries. 

(12) Each of the two contracting parties reserves the right, in 
the case of force majeure, or of urgent circumstances, to suspend 
the terms of this agreement, w^holly or in part, in so far as it 
concerns the respective functions of the national funds of the 
two countries. Notice of suspension shall be given, through 
diplomatic channels, to the proper authorities of the other State. 

The notice shall fix the date after which the regulations relating 
to the said functions shall cease to have effect. 

(13) The proper authorities of the two countries shall agree 
together upon the proofs to be furnished in the cases contem- 
plated in Articles 4, 5, 6, 7, and the conditions under which the 
said articles shall apply to injured workmen or their dependants 
not residing either in France or Italy. 

They shall at the same time draw up detailed rules and regula- 
tions necessary for the execution of this agreement. 

(14) This agreement shall come into force on a day to be 
agreed upon by the two States after its promulgation in accord- 
ance with their respective laws. 

Except in the case contemplated in the Convention of 15th 
April, 1904, this agreement shall remain in force for five years. 
The two contracting parties shall be mutually bound to give one 
year's notice of their intention to terminate the agreement at 
the conclusion of this period. In the absence of such notice, the 
agreement shall be renewed from year to year, for the term of 
one year, by tacit consent. 

(15) If one of the two contracting parties shall have an- 
nounced its intention of withdrawing from the agreement, the 

187 



THE INTERNATIONAL PROTECTION OF LABOR 

agreement shall continue to have full force, as far as concerns 
the rights of injured persons or their representatives, against their 
employers in respect of all accidents occurring before the ex- 
piration of the agreement. Notwithstanding, it shall cease to 
have effect on its expiration as far as concerns the duties devolv- 
ing upon the consular authorities and the obligations or functions 
of the National Funds of the two countries, except as regards the 
settlement of accounts then current, and the distribution of annui- 
ties, the capital value of which they may have received previously. 

SCHEDULE. 

Annual Premiums of 
Insurance payable in 
respect of each 1,000 
frs. paid in Wages. 

Industrial Undertakings In general 4.98 

Mines 12.36 

Quarries 10.02 

Brick Works 4.62 

Iron and Steel Works 3.50 

Metal works (other than iron and steel). Scientific instru- 
ments, musical instruments 1.14 

Metal works (other than iron and steel) 0.96 

Scientific instruments 1.38 

Chemical industries 4.26 

Gas and water 3.30 

Building operations 6.96 

Special for chimney-sweeping 5.82 

State railways y.y2 

Private railways 6.54 

Street railways (An economic and legal classification 
peculiar to Germany, corresponding to the ordinary 

division of industries into great, medium and small) 4.20 

Freight, warehousing, cartage 9.84 

Cartage 14.46 

Inland navigation 18.30 

(E. B. II, (I), pp. 2-4). 

188 



LABOR LAW INTERNATIONALLY ADOPTED 

EXHIBIT 7. 

Agreement Concluded on lofh June, ipio. Between France and 

Italy Relating to the Protection of Young Persons of 

French Nationality Employed in Italy and Vice Versa. 

(i) The provisions of the Agreement are concerned with 
the provisions of the French Act of 2nd November, 1892, on the 
one hand, and with the provisions of the Italian Act of loth 
November, 1907 (Codified Text), Text E. B., II, p. 578, on the 
other hand, and their object is to better secure the protection of 
young people of Italian nationality in France and of young peo- 
ple of French nationality in Italy. 

Except in so far as concerns the alternative elementary school 
certificate contemplated in Sect. 4, and regardless of the special 
penalties hereinafter provided, all the provisions of the aforesaid 
French Act and, in particular, the provisions relating to age and 
penalties shall apply to young persons of Italian nationality em- 
ployed in France. Reciprocally, the provisions of the aforesaid 
Italian Act shall apply to young persons of French nationality 
em.ployed in Italy. 

(2) In order to obtain an employment book contemplated in 
the Acts of 2nd November, 1892, and loth November, 1907, or in 
any subsequent enactments regulating the granting of employment 
books in either country, young persons of Italian nationality in 
France and young persons of French nationality in Italy must 
produce to the Communal Authority a certificate conformable to 
the prescribed model (Schedule A) Issued by the Consul con- 
cerned. Notwithstanding, such certificate shall not be required 
in the case of young persons of Italian nationality whose birth 
is registered in the French civil registers, nor in the case of 
young persons of French nationality whose birth Is registered in 
the Italian civil registers. 

Both in France and Italy it shall be unlawful for a Mayor 
to issue an employment book, unless the Consul's certificate is 
produced to him, bearing a photograph of the owner of the certi- 
ficate stamped on the certificate itself by the Consul, or signed 
by the owner of the certificate in the presence of the Consul. 
The Mayor shall attest the certificate, seal it with the Communal 

189 



THE INTERNATIONAL PROTECTION OF LABOR 

Seal, and attach it to the employment book as an integral part of 
the same. 

Every Consul shall keep a register of the Consular certificates 
issued by him, showing the forenames, surname, sex, age and 
place of birth, of each young person concerned, and the date 
when and the grounds on which the certificate was issued. Every 
Consul shall, at the end of each year, send in to the French 
Ambassador at Rome or the Italian Ambassador at Paris, as 
the case may be, statistics of, and a report on, the certificates 
entered in the register. The Ambassadors shall forward the 
documents in question to the Authorities concerned in their re- 
spective countries. 

Every Mayor shall keep a register of the employment books 
issued by him, showing the forenames, surname, sex and age, of 
each young person concerned, the date of the Consular certificate 
and the date when the employment book was issued. 

(3) In order to obtain a Consular certificate, a young person 
must come before the Consul, accompanied by his father, mother 
or guardian, and must produce his employment book obtained in 
his country of origin. 

He may also be accompanied by any other relative of full 
age or by the person who desires to employ him. Notwithstand- 
ing, in either case if he has not yet completed the fifteenth year 
of his age, he must produce a document, duly legalised, giving the 
consent of the person who possesses legal authority over him. 
The document in question shall be deposited at the Consulate. 

In the event of the young person being unable to produce 
an employment book issued to him in his country of origin he 
may instead produce his birth certificate or a certificate of birth 
conformable to the prescribed model (Schedule B) and a certifi- 
cate of identity attested by two of his compatriots known to the 
Consul. Nothing in this paragraph shall affect any written con- 
sent contemplated in the foregoing paragraph. 

(4) With regard to the employment in France of children 
between twelve and thirteen years of age, the certificate prescribed 
in the Italian Act of 15th July, 1877 (No. 3961), may be pro- 
duced in lieu of the elementary school certificate prescribed in 
the French Act of 28th March, 1882. Similarly in the case of 

190 



LABOR LAW INTERNATIONALLY ADOPTED 

French children between twelve and thirteen years of age em- 
ployed in Italy, the certificate prescribed in the French Act 
may be produced in lieu of the certificate prescribed in the Ital- 
ian Act. Such certificates shall not be required in the case of 
young persons of Italian nationality in France or young persons 
of French nationality in Italy who have completed the thirteenth 
year of their age. 

In order to make use in France of an Italian school certifi- 
cate a young person must produce it to the Italian Consul, in ad- 
dition to the documents specified above in Sect. 3, and a note 
to that effect shall be entered in the Consular certificate (Model 
A). Reciprocally, the same formalities shall be complied with 
in Italy when it is desired to make use of a French certificate. 

(5) The documents in pursuance of which the Consular certi- 
ficate is granted, and which are returnable to the persons con- 
cerned, shall be stamped by the Consul with a special stamp (ink 
stamp), stating that they have been used to obtain a certificate 
authorising their owner to commence work. 

(6) Consular certificates (Model A), certificates of birth 
(Model B), and the documents giving the consent of the parents, 
shall be exempt from all duties and fees, conformably to the 
provisions of the law of both countries respecting employment 
books and the documents required in order to obtain the same. 

The preparation of documents and all official transactions, cor- 
respondence or legalisation of documents, incumbent upon the 
Consular Authorities, in pursuance of this Agreement, shall be 
undertaken without any charge to the young persons of Italian 
or French nationality concerned. 

(7) The employer shall preserve the employment book during 
the whole continuance of the employment of the young person in 
question, and it shall be returnable on the termination of his 
employment. 

The Labour Inspectors and the representatives of the Judicial 
Police shall, when visiting industrial establishments, examine all 
employment books and Consular certificates, and shall confiscate 
any which are found to have been issued in an irregular manner, 
or to be in the possession of any young person other than the 
persons in respect of whom they were issued. 

Notice of confiscation conformable to Model C shall be sent 

191 



THE INTERNATIONAL PROTECTION OF LABOR 

within three days to the Prefect, who, within the same term, shall 
forward the notice to the Consul in whose jurisdiction the com- 
mune in which the employment book was confiscated is situate. 
The Consul shall send a copy of this notice, together with a 
letter conformable to Model D, to all his Italian colleagues in 
France or his French colleagues in Italy, in order that they 
may be kept informed, in case of need, of the confiscation of 
employment books and certificates. Every Consul or Consular 
agent shall keep a register of confiscated employment books and 
certificates. 

Persons found to have falsified, altered, transferred or un- 
lawfully made use of an employment book shall be dealt with 
by the the Judicial Authorities. 

(8) Employment in unhealthy and dangerous trades shall be 
regulated by the law in force in the country where the work 
is performed. In the case of glass and crystal works, dangerous 
and unhealthy operations which, at the date of the signing of 
this Agreement, may not lawfully be performed by young per- 
sons in Italy, shall not be lawfully performed by young persons 
in France, and reciprocally. 

In view of the fact that the age of protected persons is not 
identical under the French Act of 2nd November, 1892, and the 
Italian Act of lotli November, 1907, the Decrees issued in both 
countries in pursuance of their respective Acts shall specify the 
age of persons whom it shall not be lawful to employ in the 
operations in question. 

The two Governments shall use their best endeavours to in- 
troduce uniformity in the age of protected persons by means 
of internal regulation. With this object they shall, if necessary, 
promote an international Agreement within the meaning of Sect. 
3 of the Convention of 15th April, 1904. 

(9) The two Governments shall organise in the large indus- 
trial centres Protection Committees, whose services shall be 
gratuitous, and which shall, as far as possible, be composed of 
compatriots of the young persons in question. The Sub-Prefect, 
or a Prefectorial Councillor, the Mayor of the commune where 
the Committee acts, and the Labour Inspector of the commune 

192 



LABOR LAW INTERNATIONALLY ADOPTED 

on the one hand, and the Consul on the other, shall be ex-officio 
members of the Committee. 

Within six months after the ratification of this Agreement at 
least one Committee shall be constituted in every French district 
(Arrondissement) where more than fifty young persons of Italian 
nationality are employed. 

These Committees shall supervise: 

(i) The strict enforcement of the Laws and Orders relating 
to the employment of young persons of Italian or French nation- 
ality. For this purpose they shall inform the Labour Inspectors 
of all contraventions of which they become aware, and, in 
particular, of cases where young persons are employed in work 
beyond their strength ; 

(2) The strict observance: in France, of the requirements re- 
specting the granting of certificates of fitness contemplated in 
Sect. 2, paragraphs 3, 4, and 5 of the Act of 2nd November, 
1892 ; in Italy, of the requirements respecting medical certificates 
contemplated in Sect. 2 of the Act of loth November, 1907, and 
respecting the conditions for the recognition of fitness prescribed 
by Order in pursuance of the said Act ; 

(3) The application to children of Italian nationality and 
their relations of the provisions of the French Act of 28th March, 
1882, respecting compulsory elementary education, and the ap- 
plication to children of French nationality and their relations of 
the provisions of the Italian Act of 15th July, 1877. 

The Committees, with the assistance of the Authority con- 
cerned, and subject to the requirements of the law of the coun- 
try in question, shall also see that young persons lodged elsewhere 
than with their families, are properly and humanely treated, 
and that all hygienic and moral requirements are observed in 
their case. In cases where the conditions of feeding, clothing 
or housing are found to be defective, and in case of rough 
or bad treatment, the Committees shall put the matter before 
the local Authorities, who shall act according to the circumstances 
of the case. 

Finally, these committees may, when necessary, extend their 
protection to all Italian workmen in France and to all French 
workmen in Italy, irrespective of age. 

193 



THE INTERNATIONAL PROTECTION OF LABOR 

(lo) The Authorities concerned in both countries shall issue 
simultaneously the Orders and Regulations which they may con- 
sider necessary for the execution of this Agreement. 

(ii) It is understood that the Consular agents may under- 
take all the operations entrusted to Consuls in pursuance of this 
Agreement. 

(12) This Agreement shall in both countries be submitted to 
Parliament for approval. It shall be ratified and come into oper- 
ation one month after the exchange of ratifications, which shall 
take place at Paris. It shall remain in force for five years, and 
if it is not denounced six months before the conclusion of this 
period, it shall be renewed for another period of five years, 
and so on thereafter. 

(Schedules: Models A, B, C and D.) 

(£. B. V, (4) pp. 329-332.) 



EXHIBIT 8. 

Treaty of Commerce Between Switzerland and Italy 
{July IS, 1904). 

(Extract) 

Article 17. — The contracting parties engage to examine by 
common and amicable consent the treatment of Italian laborers 
in Switzerland and of Swiss laborers in Italy in regard to Work- 
men's Insurance, with the aim of securing by suitable arrange- 
ments to the workmen of each nation respectively, working in the 
territory of the other, a treatment which shall accord to them as 
far as possible equivalent advantages. 

These arrangements shall be sanctioned by a separate act inde- 
pendent of the coming into force of the present treaty. 

(Translation: L. Chatelain, La protection Internationale ouv- 
riere, p. 193.) 

194 



LABOR LAW INTERNATIONALLY ADOPTED 

EXHIBIl 9. 

Treaty of Commerce Between the German Empire and Italy 
{December 3, 1^04). 

(Extract) 

Art. 4. — The contracting parties engage to examine by common 
and amicable consent the treatment of ItaHan laborers in Ger- 
many and of German laborers in Italy in regard to Workmen's 
Insurance, with the aim of securing by suitable arrangements to 
the workmen of each nation respectively, working in the territory 
of the other, a treatment which shall accord to them as far as 
possible equivalent advantages. 

These arrangements shall be sanctioned by a separate act 
independent of the coming into force of the present treaty. 

(Translation: Ibid., .-p. 194.) 

EXHIBIT 10. 

Treaty of Commerce Between the German Empire and Austria- 
Hungary {January ip, 1905). 

(Extract) 

Art. 6. — The contracting parties engage to examine by amic- 
able agreement the treatment of the workmen of each party, work- 
ing in the territory of the other, in respect of the protection of 
labor and Workmen's Insurance, with the object of insuring reci- 
procally to these workers by suitable arrangements, a treatment 
which shall accord to them as far as possible equivalent ad- 
vantages. 

These arrangements shall be sanctioned by a separate act in- 
dependent of the coming into force of the present treaty. 

(Translation: Ibid., p. 198.) 

EXHIBIT II. 

Treaty on Accident Insurance Between Grand-Duchy of Luxem- 
burg and Belgium {April 75, 1905). 

Article i. — Luxemburg workers meeting with industrial acci- 

195 



THE INTERNATIONAL PROTECTION OF LABOR 

dent in Belgium, and likewise their dependents, shall enjoy the 
same compensation and the same guarantee of compensation as 
Belgian subjects. 

Reciprocally, Belgian workers meeting with industrial accident 
in the Grand-Duchy of Luxemburg, and likewise their depend- 
ants, shall enjoy the same compensation and guarantees as Lux- 
emburg subjects. 

Art. 2. — An exception to the foregoing rule shall be made in 
case of persons without distinction of nationality, who are work- 
ing temporarily, that is not over six months, on the territory of 
that one of the two contracting States in which the accident oc- 
curred, but for an undertaking domiciled within the territory of 
the other State. In such case only the legislation of the latter 
State shall apply. 

Art. 3. — The stipulations of Art. 48, No. 2, and of Art. 49, 
paragraph 4, of the Luxemburg law of April 5, 1902 are sus- 
pended in favor of subjects of Belgian nationality. 

Art. 4. — The stipulations of Art. i, 2 and 3 of this Treaty shall 
apply to those persons who are considered equivalent to workers 
by the laws on industrial accident insurance of the two contracting 
States. 

Art. 5. — The exemptions allowed as regards stamp and court 
fees, and the gratuitous delivery stipulated for by the legislation 
of Luxemburg relating to industrial accidents, are herewith ex- 
tended to proofs, certificates and documents contemplated by this 
legislation which have to be drawn up or delivered in execution 
of the Belgian law. 

Reciprocally, the exemptions allowed by the Belgian legisla- 
tion are hereby extended to proofs, certificates and documents 
contemplated by this legislation which have to be drawn up and 
delivered in execution of the Luxemburg law. 

Art. 6. — The authorities of Luxemburg and Belgium shall lend 
each other mutual assistance with a view to facilitating recipro- 
cally the execution of the law relating to industrial accidents. 

Art. 7. — This Treaty shall be ratified and the ratifications ex- 
changed at Brussels as soon as possible. 

It shall come into force ten days after it has been published 
in the two countries in accordance with the forms prescribed 

196 



LABOR LAW INTERNATIONALLY ADOPTED 

by their respective laws; and it shall remain in force until the 
expiration of one year from the day of its denunciation by one 
of the two contracting parties. 

In witness whereof the plenipotentiaries of both parties have 
signed the present Treaty and affixed their seals thereto. 

Drawn up in duplicate at Brussels, April 15, 1905. 

(Translation: Bulletin des Internationalen Arbeifsamtes. Bd. 

IV, s. 305-306.) 

EXHIBIT HA. 

Supplementary Convention Between Luxemburg and Belgium 

{May 22, igo6). 

(i) The provisions following shall be added as a second 
paragraph to No. 2 of the Convention of April 15, 1905: 

"The above shall hold good for persons engaged in transport 
undertakings and occupied intermittently, but habitually, in coun- 
tries other than that in which the principal establishment of the 
undertaking is domiciled." 

(2) This additional Convention shall have the same force 
and hold good for the same period as the Convention of April 

I5> 1905. 

It shall be duly ratified, and these ratifications shall be ex- 
changed at Brussels as soon as possible. It shall come into force 
ten days after its publication in the forms prescribed by the laws 
of the two countries. 

In witness thereof the Plenipotentiaries have signed this ad- 
ditional Convention, and have affixed their seals thereto. 

Made and duplicated at Brussels, May 22, 1906. 

(E. B. I., (9-12), pp. 373-374.) 

EXHIBIT 12. 

Treaty on Industrial Accident Insurance Between Germany and 
Luxemburg {September 2, 1Q05). 

Article i. — Undertakings to which the compulsory accident 
insurance laws of the two States apply, with the exception of 
agricultural and forest works, and which are domiciled within 
the territory of one State and carry on operations temporarily 

197 



THE INTERNATIONAL PROTECTION OF LABOR 

within the territory of the other, shall, in the absence of other 
agreements between the competent insurance carriers of the two 
countries approved by the German Chancellor and the Grand- 
Ducal Government of Luxemburg, be subject, in respect of per- 
sons employed in their temporary branches in the territory of the 
other State to the accident insurance legislation of the State where 
the undertaking's main office is situated. In the meaning of this 
agreement a temporary branch within the territory of the other 
State is one whose presumable duration will not exceed six 
months. For each separate branch within the territory of the 
other State the period of time shall be reckoned separately. 

Persons thus temporarily employed include the traveling staff 
of transport lines who cross the borders on through trains and 
also persons who without change of their business domicile are 
deputied in urgent circumstance to serve as substitutes on rail- 
roads within the territory of the other State, for not over six 
months. 

Art. 2. — In case of doubt as to whether according to the pro- 
visions of Article i, the accident insurance laws of the one or 
the other State are applicable, and if the insurance carriers of the 
two countries cannot come to an agreement between themselves 
and with the managers of the undertaking, and in case of compen- 
sation proceedings with the party entitled to indemnity, the 
authorities of the State in which the undertaking in question 
carries on operations shall have exclusive and final authority to 
decide — that is to say in Germany, the Imperial Insurance Office, 
and in Luxemburg, the Government. 

The decision rendered conformably to paragraph i is binding 
upon the insurers in the other State and serves as the rule, with- 
out retroactive effect, to be followed, particularly in matters per- 
taining to contributions and indemnities, and for the question as 
to whether the officials in the one or the other State are responsi- 
ble for the final treatment of the case. Before the decision by one 
of the two parties designated in paragraph i, a hearing is to be 
given to the insurance carriers concerned and to the employer, and 
in case compensation proceedings are involved, also to the clai- 
mant; the decision rendered is. to be communicated to the parties 
concerned. 

198 



LABOR LAW INTERNATIONALLY ADOPTED 

Art. 3. — If an accident occurs furnishing without doubt oc- 
casion for indemnity, and yet there is doubt as to whether the 
payment is to be made by the insurance carriers of the one or 
the other State, the underwriter first involved in the case con- 
formably to the legal proceedings valid for him shall, in the mean- 
while, take care of the entitled parties. 

The final incidence of indemnity shall fall upon that under- 
writer who shall thereafter be designated as the party obligated 
to pay compensation. 

Art. 4. — If in accordance with the principles of this agreement, 
single undertakings or branches of undertakings pass from the 
accident insurance jurisdiction of one country to that of the 
other, the change shall be effected at the end of the current year 
only. By agreement of the insurer of the two countries, the 
transfier .with legal effect for all parties concerned can be 
reckoned from the time of the coming into force of the present 
agreement. 

Obligations resulting from accidents before the time of trans- 
fer, must be met by that insurer by whom the undertaking re- 
sponsible for the accident was insured before the time of the 
transfer. 

Art. 5. — In the execution of the accident insurance laws, 
especially in the ascertaining of such industrial accidents as 
come under the accident insurance laws of the home State but 
occur in the territory of the other State, the competent officials 
and authorities shall lend mutual legal aid irrespective of their 
duty to investigate these accidents officially as soon as possible. 

Art. 6. — The foregoing terms shall apply by analogy to official 
employees of the German Empire, of a German Federated State, 
or of a German province or district, who are employed in under- 
takings in which insurance is compulsory which are designated 
by Article i but who in place of being insured under the Ger- 
man system of accident insurance are entitled to accident benefit 
within the meaning of Sect. 7 of the German industrial accident 
insurance law. 

In that case the authorities competent to make decisions con- 
formable to Article 2, differ from those designated by that Article 
in that for imperial employees the Imperial Insurance Office is re- 

199 



THE INTERNATIONAL PROTECTION OF LABOR 

placed by the Chancellor; and for the employees of the States, 
provinces and districts, by the central authorities of the particular 
States. 

In cases when the German laws on accident relief apply, the 
provisions of these laws on the compensation of other accident 
claims under the German law, shall also apply to compensation 
claims made in pursuance of the laws of Luxemburg in respect 
of an accident occurring in Luxemburg. 

Art. 7. — This Treaty shall come into force one month after its 
conclusion and it can be denounced by either party on January i 
of each year, with the same to take effect the first day of 
January of the year next following. 

In witness whereof the plenipotentiaries of both parties have 
signed the present Treaty and affixed their seals thereto. 

Drawn up in duplicate in Luxemburg, Sept. 2, 1905. 

(Translation: Bulletin des Internationalen Arbeitsamtes, Bd. 
IV, S. 306-308.) 

EXHIBIT 13. 

Franc O'Belgian Treaty Relating to Compensation for Injuries 
Resulting From Industrial Accidents {Feb. 21, ipo6). 

(i) Belgian subjects meeting with industrial accidents in 
France, and likewise their dependants, shall enjoy the compen- 
sation and guarantees granted to French citizens by the legisla- 
tion in force relating to compensation for industrial accidents. 

Reciprocally, French subjects meeting with industrial accidents 
in Belgium, and likewise their dependants, shall enjoy the compen- 
sation and guarantees granted to Belgian citizens by the legisla- 
tion in force relating to compensation for industrial accidents. 

(2) Notwithstanding an exception to the rule shall be made 
if the persons in question were sent out of their own country 
temporarily, and occupied for less than the last six months on the 
territory of that one of the two contracting States where the 
accident occurred, but were taking part in an undertaking estab- 
lished within the territory of the other. In such case the persons 
interested shall have a right only to the compensation and guaran- 
tees provided by the legislation of the latter State. 

200 



LABOR LAW INTERNATIONALLY ADOPTED 

The same rule shall apply to persons attached to transport 
undertakings, and employed intermittently, whether regularly or 
not, in the country other than that where the undertaking is 
domiciled. 

(3) The exemptions allowed as regards stamps, records and 
registration, and the free delivery stipulated for by the Belgian 
legislation relating to industrial accidents, are hereby extended 
to proofs, certificates and documents contemplated by the legisla- 
tion in question which have to be drawn up or delivered in pur- 
suance of the French law. 

Reciprocally, the exemptions allowed and free delivery stipu- 
lated for by the French legislation are hereby extended to proofs, 
certificates and documents contemplated by the legislation In 
question which have to be drawn up or delivered in pursuance of 
the Belgian law. 

(4) The French and Belgian authorities shall lend each other 
mutual assistance with a view to facilitating reciprocally the 
execution of the laws relating to industrial accidents. 

(5) The present Treaty shall be ratified and the ratifications 
exchanged at Paris as soon as possible. 

The Treaty shall come into force in France and Belgium one 
month after it has been published in the two countries in accord- 
ance with the forms prescribed by their respective laws. 

It shall remain in force until the expiration of one year from 
the day after it shall have been denounced by cne or other of 
the contracting parties. In testimony whereof the respective 
plenipotentiaries have signed the present Treaty and affixed their 
seals thereto. 

(£. B. L, (4-6), pp. 153-154.) 

EXHIBIT 13A. 

Note, Dated 12th March, ipio, in Pursuance of the Convention 
Respecting Compensation for Injuries Resulting From In- 
dustrial Accidents, Concluded at Paris on the 21st 
February, ipod. Between France and Belgium. 

In the application of Article 4 of the said convention, the two 
signatory States agree that in case of an accident giving occasion 

201 



THE INTERATIONAL PROTECTION OF LABOR 

for an inquiry, notice of the termination of the said inquiry shall 
be given immediately to the consular authority of the district 
where the victim was residing at the time of the accident, in 
order that the authority in question may take note of the said in- 
quiry in the interests of the interested parties. 

This agreement shall not come into operation for three months 
after it is signed. 

(£.5.VI, (i)p,6.) 

EXHIBIT 14. 

{German Empire) Notification to Repeal Provisions of the Ac- 
cident Insurance Acts in Favor of the Grand-Duchy 
of Luxemburg {May p, 1905). 

The Federal Council, at the sitting of the 4th of May, 1905, 
resolved as follows: 

(i) The provisions of No. 94 (2) of the Industrial Accidents 
Insurance Act, and of No. 37, paragraph i, of the Building Ac- 
cidents Insurance Act, relating to the suspension of annuities in 
the case of foreigners whose usual residence is not in the interior, 
shall not apply to subjects of the Grand-Duchy of Luxemburg, 
even in cases when the annuitants do not usually reside within 
those districts of the Grand-Duchy of Luxemburg recognised by 
the resolution of the Federal Council adopted on the i3th Oc- 
tober, 1900, as frontier districts within the meaning of the said 
provisions. (Cf. the Notification of the i6th October, 1900. 
Zentralhlatt fur das Deutsche Reich, p. 540.) 

Notwithstanding, so long as an annuitant resides neither with- 
in the territory of the German Empire nor in the Grand-Duchy 
of Luxemburg, the right to draw an annuity shall depend upon 
his observing the past or future regulations issued for German 
subjects by the Imperial Insurance Office, in pursuance of No. 
94 (3) of the Industrial Accidents Insurance Act. In respect of 
such annuities, the date of the coming into force of the regula- 
tions of the Imperial Insurance Office, dated the 5th July, 1901, 
shall be held to be the day when this resolution comes into force. 

(2) The territory of the Grand-Duchy of Luxemburg shall 
be held to be a frontier district, so that the provisions of No. 

202 



LABOR LAW INTERNATIONALLY ADOPTEP 

21 of the Industrial Accidents Insurance Act, No. 22 of the Ac- 
cident Insurance Act for Agriculture and Forestry, No. 9 of the 
Building Accidents Insurance Act, and No. 2y of the Marine Ac- 
cidents Insurance Act, relating to the exclusion of claims for de- 
pendants' annuities in the case of dependants of foreigners not 
having their usual residence in the interior at the time of the 
accident, shall not apply to such dependants, if their usual resi- 
dence is within the territory of the Grand-Duchy. 

(3) The provisions of No. 21 of the Industrial Accidents 
Insurance Act and No. 9 of the Building Accidents Insurance 
Act, relating to the exclusion of claims for dependants' annuities, 
shall not apply to subjects of the Grand-Duchy of Luxemburg, 
even though their usual residence at the time of the accident was 
not within the territory of the Grand-Duchy of Luxemburg. (See 
No. 2 above.) • 

(4) The preceding provisions shall apply retrospectively 
from the 15th April, 1903, as far as concerns claims not legally 
settled at the time when the resolution comes into force. 

(5) This resolution shall come into force on the 15th May, 
1905. 

(£. B. II, (i) pp. 1-2. See also E. B. I, (1-3) pp. V. I.) 



EXHIBIT 15. 

Convention Between France and Luxemburg Relating to Com- 
pensation for Injuries Resulting From Industrial 
Accidents {June sy, ipo6). 

(i) Subjects of the Grand-Duchy of Luxemburg meeting 
with industrial accidents in France and likewise their depend- 
ants, shall enjoy the compensations and guarantees granted to 
French subjects by the legislation in force relating to compen- 
sation for industrial accidents. 

Reciprocally, French subjects meeting with industrial acci- 
dents in Luxemburg, and likewise their dependants, shall enjoy 
the compensation and guarantees granted to subjects of the 
Grand Duchy of Luxemburg by the legislation in force relating 
to compensation for industrial accidents. 

203 



THE INTERATIONAL PROTECTION OF LABOR 

(2) Notwithstanding, an exception to this rule shall be made 
if the persons in question were sent out of their own country 
temporarily, and occupied for less than the six months last past 
on the territory of that one of the two contracting States where 
the accident occurred, but were taking part in an undertaking 
established within the territory of the other. In such case the 
persons interested shall have a right only to the compensation and 
guarantees provided by the legislation of the latter State. 

The same rule shall apply to persons attached to transport 
undertakings, and employed intermittently, whether regularly 
or not, in the country other than that where the undertaking is 
domiciled. 

(3) The exemptions allowed as regards stamps, records and 
registration, and the free delivery stipulated for by the legisla- 
tion of the Grand-Duchy relating to industrial accidents, are here- 
by extended to proofs, certificates and documents contemplated 
by the legislation in question which have to be drawn up and 
delivered in pursuance of the French law. 

Reciprocally, the exemptions allowed and free delivery stipu- 
lated for by the French legislation are hereby extended to proofs, 
certificates and documents contemplated by the legislation in 
question which have to be drawn up and delivered in pursuance 
of the law of the Grand-Duchy of Luxemburg. 

(4) The French authorities and the authorities of the Grand- 
Duchy of Luxemburg shall lend each other mutual assistance 
with a view to facilitating reciprocally the execution of the law 
relating to industrial accidents. 

(5) The present Treaty shall be ratified and the ratifications 
exchanged at Paris as soon as possible. 

The Treaty shall come into force in France and in the 
Grand Duchy of Luxemburg one month after it has been pub- 
lished in the two countries in accordance with the forms pre- 
scribed by their respective laws. 

It shall remain in force until the expiration of one year from 
the day after it shall have been denounced by one or other of 
the contracting parties. In testimony whereof the respective 
plenipotentiaries have signed the present Treaty and affixed their 
seals thereto. Drawn up in duplicate at Paris, 27th June, 1906. 

{E. 5. II, (i) pp .4-5). 

204 



LABOR LAW INTERNATIONALLY ADOPTED 



EXHIBIT i6. 

Treaty Between the German Empire and the Netherlands Relat- 
ing to Accident Insurance {Aug. 2^1 /po/). 

(i) Undertakings to which the accident insurance laws of 
the two Contracting States apply and which are domiciled within 
the territory of one State and carry on business also within the 
territory of the other, shall, subject to the exceptions contem- 
plated in Articles 2 and 3, be subject, in respect of business 
carried on within the territory of either State, exclusively to 
the accident insurance laws of that State. 

Where, in accordance with the preceding paragraph, an under- 
taking carrying on business outside the territory of one State 
is subject to the insurance laws of the other, such undertaking 
shall be held to be an undertaking within the meaning of the 
said laws. Further regulations for the enforcement of the Treaty 
shall be drawn up independently by each State according to the 
needs of their respective systems of accident insurance. 

In Germany the said regulations shall be drawn up by the 
Imperial Chancellor or an authority designated by him, and in the 
Netherlands by the department having authority for the time 
being. The regulations so drawn up shall be communicated to 
the two Governments. 

(2) In the case of transport undertakings carrying on oper- 
ations across the frontier, the accident insurance laws of the 
country where the undertaking is domiciled shall alone apply 
in respect of the travelling staff, regardless of the extent of the 
the operations carried on in the two respective countries. The 
travelling staff shall remain subject to the said insurance laws 
also in respect of other classes of employment carried on on 
behalf of such transport undertakings outside their country of 
domicile. 

(3) Persons employed in a department of any kind of under- 
taking where insurance is compulsory under the laws of their 
own country, shall, on being transferred to work in the other 
country, remain in respect of all branches of their employment in 
the said country, for the first six months of such employment, 

205 



THE INTERATIONAL PROTECTION OF LABOR 

subject exclusively to the accident insurance laws of the country 
where the firm is domiciled, provided that the rules contained in 
Article 2 shall not be affected hereby. If the employment in 
the said country is interrupted for a period not exceeding 30 
days, such period shall be included in the six months' limit. If 
the period during which the employment is interrupted exceeds 
30 days, the course of the six months shall be held to be broken 
off, and, on the resumption of employment in the said country, a 
new term of six months shall be held to begin. In applying the 
preceding rules, account shall not be taken of any period before 
this Treaty comes into force. 

(4) Where the accident insurance laws of one country are 
applicable, the rules contained in such laws for proving claims 
thereunder in respect of accidents occurring outside the realm, 
shall apply, by analogy, to compensation claims made in pursuance 
of the laws of the other country in respect of an accident oc- 
curring in such country. 

(5) In administering the accident insurance laws the proper 
authorities shall give each other mutual assistance in determining 
the facts of any case. 

Where, in dealing with an accident insurance case, the author- 
ities of one country deem it necessary to procure the sworn 
depositions of witnesses and experts in the other country, a re- 
quest to this effect duly submitted through diplomatic channels 
shall be acceded to. The authorities instructed by the Govern- 
ment of the said country or having jurisdiction without such in- 
structions shall summon the witnesses or experts by official action 
and, if necessary, use such means of compulsion as are prescribed 
in the case of similar proceedings in their own country. 

(6) Rules in force in one country relating to exemptions 
from stamp duties and fees in the case of accident insurance 
business, shall apply by analogy in respect of the adminis- 
tration in such country of the accident insurance laws of the 
other. 

(7) Manufacturers shall not be required to pay higher con- 
tributions or premiums in respect of the accident insurance of one 
country for the reason that their undertakings are domiciled in 
the other. 

206 



LABOR LAW INTERNATIONALLY ADOPTED 

(8) The provisions of Articles 4-7 shall apply to undertakings 
subject to the accident insurance laws of one of the two countries, 
even in cases where the conditions set forth in Article I, do not 
obtain. 

(9) The terms of this Treaty shall apply by analogy to those 
officials of the German Empire, of a German Federated State, 
or of a German group of parishes (Kommunalverband) who 
are employed in undertakings in which insurance is compulsory, 
but who are, notwithstanding, entitled to accident benefit within 
the meaning of German legislation, instead of being insured under 
the German system of accident insurance. 

(10) Where, in administering the accident insurance laws of 
one country, it is necessary to calculate the value of wages ex- 
pressed in terms of the currency of the other country ,such con- 
version shall be affected by taking as a general basis an average 
rate of exchange, which shall be determined by each of the two 
Governments for the purposes of the administration of the law 
in their respective countries and which shall be communicated 
by each Government to the other. 

(11) This Treaty shall be ratified and the ratifications ex- 
changed as soon as possible. The Treaty shall come into force 
one month after the first day o£ the month following the ex- 
change of ratifications. 

Notice of withdrawal from the Treaty may be given by either 
party at any time, and the Treaty shall expire on the conclusion 
of the calender year next following such notice. 

Liabilities in respect of accidents occurring*be£ore this Treaty 
comes into force, shall continue thereafter to be fulfilled by the 
insurance institution wherein the branch in question of the under- 
taking was formerly insured. Similarly, on the expiration of 
this Treaty, liabilities in respect of accidents which occurred while 
the Treaty was in force, shall continue to be fulfilled by the pre- 
vious insurance institution. 

In witness whereof the plenipotentiaries have signed this Treaty 
in duplicate and set their seals thereto. 

(£. B. II, (3) pp. 350-351.) 



207 



EHIBIT i6A. 

Supplementary Treaty Between the German Empire and the 
Netherlands {May jo, 191 4). 

(i) The following new Section shall be inserted between No. 
3 and 4 in the Treaty of 27th August, 1907, respecting accident 
insurance, concluded between^ the German Empire and the 
Netherlands : 

30. Where ,in pursuance of No. i to 3, the undertakings 
there designated are subject to the accident insurance of one of 
the parties to the Treaty, the persons employed in the undertak- 
ings shall be subject to the insurance even if they do not reside in 
the territory of the said party. 

(II) The rule contained in the new No. 3a, contemplated in 
No. I, shall apply to accidents which happened before the coming 
into force of the present Treaty, provided that no decision having 
the force of law has been issued in respect of such accidents I 
either before or on the day when the Treaty comes into force. | 

(III) This Treaty shall be ratified by His Majesty the Ger- ^ 
man Emperor and Her Majesty the Queen of the Netherlands, \ 
and the ratifications shall be exchanged as soon as possible. ? 

The Treaty shall come into force on the fourteenth day after 
the exchange of ratifications. 
{E, B. X, (7-8) p. 197.) 

EXHIBIT 17. 

Convention Signed at Paris the ^rd Day of July, ipop, Between 
France and the United Kingdom. 

(i) — British subjects who meet with accidents arising out of 
their employment as workmen in France, and persons entitled 
to claim through or having rights derivable from them, shall en- 
joy the benefits of the compensation and guarantees secured to 
French citizens by the legislation in force in France in regard 
to the liability in respect of such accidents. 

Reciprocally, French citizens who meet with accidents arising 
out of their employment as workmen in the United Kingdom 
of Great Britain and Ireland, and persons entitled to claim 

208 



I 



LABOR LAW INTERNATIONALLY ADOPTED 

through or having rights derivable from them, shall enjoy the 
benefits of the compensation and guarantees secured to British 
subjects by the legislation in force in the United Kingdom of 
Great Britain and Ireland in regard to compensation for such ac- 
cidents, supplemented as specified in Article 5. 

(2) Nevertheless, the present Convention shall not apply to 
the case of a person engaged in a business having its headquar- 
ters in one of the two Contracting States, but temporarily de- 
tached for employment in the other Contracting State, and meet- 
ing with an accident in the course of that employment, if at the 
time of the accident the said employment has lasted less than 
six months. In this case the persons interested shall only be en- 
titled to the compensation and guarantees provided by the law 
of the former State. 

The same rule shall apply in the case of persons engaged in 
transport services and employed at intervals, whether regular 
or not, in the country other than that in which the headquarters 
of the business are established. 

(3) The British and French authorities will reciprocally lend 
their good offices to facilitate the administration of their respec- 
tive laws as aforesaid. 

(4) The present Convention shall be ratified, and the ratifi- 
cations shall be exchanged at Paris, as soon as possible. 

It shall be applicable in France and in the United Kingdom 
of Great Britain and Ireland to all accidents happening after 
one month from the time of its publication in the two countries in 
the manner prescribed by their respective laws, and it shall remain 
binding until the expiration of one year from the date on which it 
shall have been denounced by one or other of the two Con- 
tracting Parties. 

(5) Nevertheless, the ratification mentioned in the preceding 
article shall not take place till the legislation at present in force 
in the United Kingdom of Great Britain and Ireland in regard 
to workmen's compensation has been supplemented, so far as 
concerns accidents to French citizens arising out of their employ- 
ment as workmen, by arrangements to the following effect: 

(a) That the compensation payable shall in every case be 
fixed by an award of the County Court. 

209 



THE INTERATIONAL PROTECTION OF LABOR 

(b) That in any case of redemption of weekly payments the 
total sum payable shall, provided it exceeds a sum equivalent to 
the capital value of an annuity of £4 (100 fr.), be paid into 
Court, to be employed in the purchase of an annuity for the 
benefit of the person entitled thereto. 

(c) That in those cases in which a lump sum representing 
the compensation payable shall have been paid by the employer 
into the County Court, if the injured workman returns to reside 
in France, or if the dependents resided in France at the time of 
his death or subsequently return to reside in France, the total 
sum due to the injured workman or to his dependants shall be 
paid over through the County Court to the Caisse Nationale 
Francaise des Retraites pour la Viaillesse, who shall employ it 
in the purchase of an annuity according to its tariff at the time of 
the payment ; and further, that in the case in which a lump sum 
shall not have been paid into Court, and the injured workman 
returns to reside in France, the compensation shall be remitted to 
him through the County Court at such intervals and in such way 
as may be agreed upon by the competent authorities of the two 
countries. 

(d) That in respect of all the acts done by the County Court 
in pursuance of the legislation in regard to workmen's compen- 
sation, as well as in the execution of the present Convention, 
French citizens shall be exempt from all expenses and fees. 

(e) That at the beginning of each year His Majesty's princi- 
pal Secretary of State for the Home Department will send to 
the Department du Travail et de la pre Prevoyance sociale a 
record of all judicial decisions given in the course of the preceding 
year under the legislation in regard to workmen's compensa- 
tion in the case of French citizens injured by accident in the 
United Kingdom of Great Britain and Ireland. 

{E. B. IV, (3) pp. 163-164. See also E. B. VI, (i) pp. 5-6; 
(2) p. 169; (4) pp. CXX-CXXI ; E. B. VII, (7) pp. 298-299.) 

EXHIBIT 18. 

Agreement Between Hungary and Italy Respecting Accident In- 
surance {Sept. ip, 1909). 

( i) Workmen and employees, being Hungarian subjects, who 

210 



LABOR LAW INTERNATIONALLY ADOPTED 

meet with accidents in occupations for which insurance is com- 
pulsory under the ItaHan Act, No. 51, dated 31st January, 1904 
(codified text), and any later Acts amending the same, together 
with their dependants entitled to compensation, shall have a claim 
to the same treatment and compensation as Italian subjects under 
the said Italian Act (codified text) and any later Acts amending 
the same. On the other hand workmen and employees, being 
Italian subjects, who meet with accidents in occupations for which 
insurance is compulsory under the Hungarian Act No. XIX., of 
1907, and any later Acts amending the same together with their 
dependants entitled to compensation, shall have a claim to the 
same treatment and compensation as that granted to Hungarian 
subjects for industrial accidents by the Hungarian Act No. XIX., 
of 1907, and any later Acts amending the same. 

The mutual right contemplated in the preceding paragraph shall 
extend also to workmen and employees employed in occupations 
for which insurance is compulsory, by firms being domiciled or 
having permanent representation within the territory of one of the 
two States, who meet with industrial accidents when working out- 
side the territory of both, unless the industrial accidents legisla- 
tion in force in the State where the accident occurs applies to 
such workmen or employees. 

Similarly, dependants of any such persons having met with 
an industrial accident shall have a claim to compensation even 
if at the time of the accident they were not within the territory 
of that one of the two States where the accident occurred. 

In addition, compensation shall be paid to workmen or em- 
ployees having met with industrial accidents who after the said 
accident return and live permanently in their own country. 

The dependants of a workman or employee having met with 
an industrial accident shall receive compensation even if they have 
never resided within the territory of the State where the accident 
occurred, or if after residing there they betake themselves perma- 
nently to a foreign country. 

(2) The proper authorities of one of the two States having in 
hand the investigation of an industrial accident sustained by a 
workman or employee belonging to the other State, shall forward 
a copy of the report on the investigation within eight days of the 
issue of the same, to the proper consular authorities of the place 
where the accident occurred. 

211 



THE INTERNATIONAL PROTECTION OF LABOR 

(3) At the request of the ItaHan consular authorities the 
proper Hungarian authorities shall lend their assistance in deter- 
mining whether in the case of a person residing in Hungary the 
conditions attached to the receipt of an annuity are satisfied, or 
whether any changes have been introduced likely to affect the 
amount of the compensation payable. The same shall apply on 
the other hand to Italian authorities in the event of a similar 
request on the part of the Austro-Hungarian consular authori- 
ties. 

(4) Hungarian subjects awarded compensation in pursuance 
of sect. I of this agreement shall, if they are not resident in 
Italy, be bound to observe the regulations for such cases issued 
by the Italian institution concerned, and vice versa. 

(5) An Hungarian institution which, in pursuance of Hun- 
garian law is required to pay an annuity to an Italian subject 
resident in Italy may relieve itself of its obligation by paying to 
the proper Italian institution the captal corresponding to the 
annuity in question in accordance with the tariff of the latter in 
force at the time the payment is made. In such case the said 
Italian institution shall take over the payment of the annuity 
subject to such conditions and regulations as may be adopted in 
agreement with the Hungarian institution concerned. 

On the other hand, an Italian institution which, in pursuance 
of the Italian Act, is required to pay an annuity to a Hungarian 
subject resident in Hungary, may relieve itself of its obligations 
by paying to the Hungarian institution concerned the capital cor- 
responding to the annuity in question in accordance with the tariff 
of the latter institution in force at the time when the payment is 
made. In such case the said Hungarian institution shall take 
over the payment of the annuity subject to such conditions and 
regulations as may be adopted in agreement with the Italian 
institutions concerned. 

The Hungarian institution concerned may, In addition, charge 
the proper Italian institution to pay out in its stead, to Italian 
subjects resident in Italy, annuities payable under the Hungarian 
Act, and vice versa. Such payments shall be made subject to 
such conditions and regulations as may be mutually agreed upon 
by the two institutions. 

212 



LABOR LAW INTERNATIONALLY ADOPTED 

Agreements may also be come to by the Hungarian and Italian 
institutions concerned in reference to financial transactions car- 
ried on by post in connection with the payment of compensation. 

(6) The Hungarian and Italian institutions concerned shall 
have power to vary the rules contained in sect. 4. They may also 
vary the tariffs contemplated in Sect. 5 of the Agreement, pro- 
vided only that equality in the treatment of the subjects of the 
two States shall be maintained. 

(7) In the preceding articles the Hungarian institution con- 
cerned shall mean the National Institution for the Maintenance 
of Invalid Workmen and for Insurance against Accident {Orszd- 
gos Munkdsbetegsegelyzo es Balesethiztosito Penztdr) of Buda- 
pest or of Zagabria, according as the injured person belongs to 
the one or the other, and the Italian institution concerned shall 
mean the Italian National Workmen's Invalidity and Old Age 
Insurance Institution (Cassa Nazionale italiana di previdenza per 
la invalidita a per la vecchiaia degli operai). 

(8) Any exemptions from taxes and fees and any other fiscal 
exemptions allowed by the laws of either of the two States in the 
case of documents relating to the drawing of compensation shall 
apply equally in cases where such documents are used in the other 
State for the drawing of compensation in pursuance of the laws 
there in force. 

(9) Disputes which arise between the two States respecting 
the interpretation and application of this Agreement shall be re- 
ferred to arbitration on the demand of one of the two States. 

For every such dispute a Court of Arbitration shall be insti- 
tuted as follows : — Each of the two States shall name two suit- 
able persons, being its own subjects, as arbitrators; these shall 
agree amongst themselves as to the choice of a President belong- 
ing to a third friendly State. The two States reserve to them- 
selves the right of nominating in advance and for a definite term 
the person who shall act as President in the end of any dispute. 

The Court of Arbitration shall sit on the first occasion within 
the territory of the State chosen by agreement for the purpose; 
on the second occasion within the territory of the other, and so 
on, alternately in one or the other State. The State where the 
Court is to sit shall determine the place where the sitting shall be 

213 



THE INTERNATIONAL PROTECTION OF LABOR 

held, and shall make arrangements for the rooms, employees and 
attendants necessary in connection with the work of the Court, 
The President shall preside in the Court. Resolutions shall b$ 
adopted by a majority. The two States shall agree in each sepa- 
rate case or once for all upon the procedure to be observed by the 
Court. In the absence of any such agreement the Court shall 
adopt its own procedure. The proceedings may, if neither of the 
two States object, be carried on in writing. In this case the 
provisions of the preceding paragraph may be varied. 

As regards the serving of the summonses to appear before 
the Court of Arbitration and letters of request, the authorities of 
either State shall, on the application in that behalf of the Court 
to the Government concerned, lend their assistance in the same 
manner as they are in the habit of doing on the application of the 
Civil Courts of the country. 

(10) This Agreement shall come into force thirty days after 
the exchange of ratifications and shall remain in force for at 
least seven years. On the conclusion of the term the Agreement 
rnay be set aside after notice at any time; notwithstanding, it 
shall remain in force after such notice until 31st December of 
the year following that when the notice was given. 

Even after the said notice has been given this Agreement shall 
continue to apply without limitation to the claims of injured per- 
sons and their dependants to whom compensation is due from the 
institutions named in this Agreement in respect of industrial ac- 
cidents occurring not later than 31st December in the year follow- 
ing that on which notice was given. 

On the said date the power given to consular authorities and 
the rights and duties of the institutions in their mutual relations 
under this Agreement shall cease, except as regards the settle- 
ment of accounts outstanding between the institutions at the 
time and the payment of all those annuities for which they 
have been paid the capital value in advance. 

(11) The provisions of sections i to 8 of this Agreement shall 
apply retrospectively back to ist July, 1908. 

(12) This Agreement shall be ratified and the ratifications 
shall be exchanged at Rome as soon as possible. 

(B. S. V, (I) pp. 1-3.) 

214 



LABOR LAW INTERNATIONALLY ADOPTED 

EXHIBIT 19. 

Treaty of Commerce and NavigationBetween German Empire 
and Sweden {May 2, ipii)» 

(Extract) 

"The contracting parties undertake to examine by amicable ar- 
rangement the question of the treatment of Swedish workers in 
Germany and German workers in Sweden in respect of Work- 
men's Insurance, with the object of securing to the workmen of 
either country, in the other, by means of agreements adapted 
to that end, treatment which gives them as far as possible equal 
advantages. 

Such arrangements shall be made by special agreement, and 
quite apart from the coming into force of the present treaty." 

(£. B. VII, (11-12) p. cv.) 

EXHIBIT 20. 

Franco-Danish Treaty of Arbitration (Aug. p, ipii), 

(i) Differences of a judicial character, and especially those 
relating to the interpretation of the Treaties existing between 
the two contracting parties which might hereafter arise between 
them, and which it had been found impossible to arrange by diplo- 
matic methods, shall be submitted to arbitration under the terms 
of the Convention for the pacific settlement of international dis- 
putes, signed at The Hague on the i8th of October, 1907, subject 
in all cases to the condition that they do not affect the vital 
interests, the independence, or the honour of either the contracting 
States, and that they do not touch the interests of other Powers. 

(2) Differences relating to the following questions shall be 
submitted to arbitration without the power to appeal to the reser- 
vations mentioned in Article I. 

(a) Pecuniary claims under the head of damages, where the 
question of indemnity is recognized by both parties. 

(b) Debts arising from contracts claimed from the Govern- 
ment of either of the parties by the Government of the other party 
as being due to the subjects of the respective State. 

215 



THE INTERNATIONAL PROTECTION OF LABOR 

(c) Interpretation and application of the stipulations of the 
Convention relating to trade and navigation. 

(d) Interpretation and application of the stipulations of the 
Convention relating to the matters hereunder indicated: 

Industrial property, literary and artistic property, international 
private right as regulated by The Hague Conventions, interna- 
tional protectioii of workers, posts and telegraphs, weights and 
measures, sanitary questions, submarine cables, fisheries, measure- 
ment of ships, white slave trade. 

In differences relating to the matters contemplated under No 
4 of the present Article, and with regard to which, according to the 
territorial law, the judicial authority would be competent, the 
contracting parties shall be under the obligation of not submitting 
the question in dispute to arbitration until after the national juris- 
diction shall have definitely pronounced. 

Arbitration judgments given in the cases contemplated in the 
preceding paragraph shall have no effect on previous judicial 
decisions. 

The contracting parties engage to take, or, if occasion requires, 
to propose to the legislative power the necessary measures in 
order that the interpretation given in the arbitration judgment in 
the cases above contemplated may be adopted thereafter by their 
tribunals. 

(3) In each particular case the High Contracting Parties shall 
sign a special engagement stating clearly the subject of the dis- 
pute, the scope of the power of the arbitrators, the procedure, and 
the delays to be observed as regards the operations of the arbi- 
tration tribunal. 

The Contracting Parties shall agree to invest the Arbitration 
Tribunal contemplated in the present Convention with the power 
of deciding in the event of disagreement between them, as to 
whether a dispute which has arisen between them shall come 
under the heading of disputes to be submitted to compulsory arbi- 
tration, in conformity with Articles i and 2 of the present Con- 
vention. 

(4) If, within the year following the notification by that 

216 



LABOR LAW INTERNATIONALLY ADOPTED 

party most desirous for a compromise, the High Contracting 
Parties should not succeed in coming to an understanding on 
the measures to be taken, the Permanent Court shall be competent 
to establish the compromise. It may take cognizance of the 
matter by request of a single one of the parties. 

The compromise shall be decided in conformity with the pro- 
visions of Articles 54 and 55 of The Hague Convention for the 
pacific regulation of international disputes, dated i8th October, 
1907. 

(5) The present Convention shall continue for a term of 
five years, with power of tacit continuance for successive terms 
of five years, from the time of exchanging the ratifications. 

(6) The present Convention shall be ratified as soon as possi- 
ble, and the ratification shall be exchanged at Copenhagen. 

(£. B. VI, (3) pp. 229-230.) 

EXHIBIT 21. 

Convention Between Germany and Belgium in Regard to Insur- 
ance Against Industrial Accidents (July 6, igi2). 

I. — Regulations in regard to undertakings whose sphere of oper- 
ations extend over the territory of both countries. 

1. In regard to undertakings which have their headquarters 
within the territory of one of the contracting parties and whose 
sphere of operations extends over the territory of the other 
party, whenever these are subjected on both sides to the regu- 
lations of compulsory compensation for injuries resulting from 
industrial accidents (insurance against industrial accidents) 
saving those exceptions mentioned in Articles 2and 4, the legisla- 
tion of the country in which they are carried out shall be ex- 
clusively applied, as far as the said operations are concerned. 

This rule shall apply, regardless of the place at which the 
staff was engaged, provided that the matter deals with work 
to be carried out either in Germany or in Belgium. 

2. As regards any undertakings which are financed, either by 
the German Empire, a Federated German State, a German Com- 
mune, or an Association of German Communes, or an Associa- 
tion of Belgian Communes or Provinces, the legislation of the 

217 



THE INTERNATIONAL PROTECTION OF LABOR 

country in which the undertaking has its headquarters shall be 
exclusively applicable, even to operations undertaken on the terri- 
tory of the other country by a public representative in the employ 
of the said undertaking. 

3. In transport undertakings, as far as the moving (travelling) 
portions of the undertaking are concerned, which extend from 
one territory to another, whatever may be the relative importance 
of the operations carried out on either side, that legislation shall 
be exclusively applied which is in force in the country in which 
the undertaking has its headquarters. The staff of the travelling 
part shall remain subject to this legislation, even should they be 
engaged on work connected with other departments of the under- 
taking and which are carried out on the territory of the other 
country. 

4. Without prejudice to the regulations of Articles 2 and 3, in 
undertakings of all kinds, the legislation of that country in which 
the undertaking has its headquarters shall continue to apply ex- 
clusively for the first six months during which the undertaking 
carries out operations on the territory of the other country, as 
far as concerns these persons who, until they were occupied in 
this latter country, were attached to a portion of the undertaking 
subjected to the said legislation. 

5. For the purpose of calculating the time limit during which 
the undertaking carries out operations outside the country in 
which its headquarters are found (Article 4) several operations 
undertaken concurrently must be considered as forming only one 
and the same work, which extends from the commencement 
of the first of these portions until the completion of the last. 

The same rule shall apply should it be a question of works 
undertaken successively, one after the other, and which are not 
separated by an interval of more than 30 days. Should the in- 
terval be over 30 days, a fresh time limit of six months shall com- 
mence from the resumption of operations. 

The time previous to the coming into force of the present 
Convention shall be included in the time limit. 

6. If, in pursuance of Articles i and 4, an undertaking whose 
headquarters are in one of the countries should be subjected to 
the legislation of the other country, as far as the business carried 

218 



LABOR LAW INTERNATIONALLY ADOPTED 

out on the territory of the latter is concerned, the work included 
in this business shall be considered as an undertaking in the 
sense of the said legislation. 

7. Whenever, in one of the countries, grants have been 
allowed by way of legal indemnity, relative to an accident, the 
consequences of which, in virtue of the present Convention, must 
be compensated for according to the legislation of the other 
country, the party liable shall be bound to reimburse the said 
grants, setting it off against the indemnity which is due from him. 

8. Whenever an accident which has taken place on the terri- 
tory of one of the countries comes under the application of the 
legislation relative to compensation for injuries resulting from 
industrial accidents, of the other country, that legislation shall 
apply likewise as far as actions for civil liability are concerned, 
to which the accident may give rise, according to the legislation 
of the first country. 

This rule shall apply even when an undertaking is only sub- 
jected in one of the two countries to the laws of compulsory 
compensation for injuries resulting from industrial accidents. 
II. — Regulations in regard to reciprocal relations in the matter of^ 
Compensation for Injuries resulting from in- 
dustrial Accidents in general. 

9. In order to facilitate on either side the carrying out o£ the 
legislation relative to industrial accidents, the competent ad- 
ministrative and judicial authorities shall give each other mutual 
assistance and shall lend each other judicial assistance according 
to the regulations in force in civil and commercial matters. In 
urgent cases the authorities shall even give, officially the necessary 
means of information as if it were a question of carrying out 
their national law. 

10. The provisions in force in one of the countries according 
to which exemptions from stamp and other fiscal duties or ad- 
vantages of another class may be accorded in regard to industrial 
accidents, shall apply whenever it is a case of carrying out in the 
said country the legislation of the other country. 

11. Whenever the party to whom the indemnity is due does 
not reside in the country of the party who is liable to pay the 
indemnity, but comes from the other country, the party liable may 

219 



THE INTERNATIONAL PROTECTION OF LABOR 

legally make payments to the Consular Authority of the country 
of the creditor, in the district in which the said debtor lives or 
where the headquarters of his business are situated. 

The Consular Authority must act as intermediary for the com- 
munication of the necessary certificates (life certificate, widow- 
hood certificate, etc.). 

12. As far as the questions mentioned in Article II are con- 
cerned the territorial spheres and districts of the Consular Author- 
ities shall be fixed by an arrangement to be concluded between 
the two Governments. 

13. In the application of legislation in regard to industrial 
accidents of one of the countries, whenever it may be necessary 
to express the value of remuneration for work in coinage of the 
other country, the conversion shall take place on a basis of a mean 
value determined by each of the two Governments for the applica- 
tion of its legislation, which information it shall cause to be 
transmitted to the other Government. 

14. The system of insurance adopted for the German officials, 
instead of insurance against accidents, shall be assimilated to the 
said insurance as far as the present Convention is concerned. 
III. — Temporary Regulations and Final Regulations. 

15. The obligations resulting from accidents which took 
place previous to the coming into force of the present Conven- 
tion shall remain, even in the future, at the charge of the person 
previously liable. 

16. The regulations relative to the carrying out of the present 
Convention shall be decreed by each of the contracting parties, 
in their respective autonomy, as far as it may be necessary in 
regard to their jurisdiction, namely, in Germany by the Chancellor 
of the Empire or by the authority which he shall appoint, in 
Belgium, by the competent authority according to the circum- 
stances. The two Governments shall communicate to each other 
the regulations thus made. 

17. The present Convention shall be ratified by H, M. The 
German Emperor and by H. M. the King of the Belgians, and 
the ratifications shall be interchanged as soon as possible. 

The Convention shall come into force on ist February, 1913. 
It may be denounced at any time by the two parties, and it 

220 



LABOR LAW INTERNATIONALLY ADOPTED 

shall cease at the expiration of the year following the denuncia- 
tion. 

In the event of the denouncing of the present Convention the 
obligations resulting from accidents which have taken place whilst 
the Convention was still in force shall continue to be carried out 
by the parties previously liable. 

(£. B. VIII, (2) pp. 47-49.) 

EXHIBIT 22. 

Convention Between the German Empire and the Kingdom of 

Italy With Respect to Workmen's Insurance 

{July SI, 19 1 2), 

PART I. — Accident Insurance. 

(i) The two contracting parties place the subjects of their 
respective countries and their survivors on an equal footing with 
the subjects of the other country and their survivors with respect 
to benefits derived from the German Industrial Accident In- 
surance and the German Seamen's Accident Insurancie on the 
one hand and from the Italian Accident Insurance on the other 
hand. 

This condition shall hold good for the Italian Accident Insur- 
ance of agricultural labourers, only if the latter are subject to 
the accident insurance according to the Italian Act dated 31st 
January, 1904, now in force. 

(2) The principle of equality of rights (sect, i) shall not 
exclude a payment being made, in the place of an annuity, of 
three times the amount of the annuity, with the consent of the 
person entitled thereto, or of a capital sum corresponding to the 
value of the annuity, without the consent of the person entitled 
thereto. 

In the German Accident Insurance the general regulations is- 
sued by the Federal Council shall apply for the calculation of the 
corresponding capital value. 

In the Italian Accident Insurance the general regulations which 
hold good for the conversion of the capital amount of compen- 
sation into an annuity, shall apply. 

221 



THE INTERNATIONAL PROTECTION OF LABOR 

PART II. — Invalidity, Old Age, and Survivors' Insurance. 

(3) The same contributions to the German Invalidity and 
Survivors' Insurance shall be paid for Italian subjects as for Ger- 
man subjects, even if the former are enrolled as members of 
the National Workmen's Provident Fund for Invalidity and old 
age {Cassa Nazionale di Previdenza per la invalidita e per la 
vecchiaia degli operai), or of the Mercantile Marine Invalidity 
Fund {Cassa Invalidi della Marina Mercantile). 

If an Italian subject is enrolled as member of one of the said 
funds, the insurer of the German Invalidity and Survivors' In- 
surance shall, upon request of the former, pay over to the 
National Provident Fund half the amounts, v^^hich are used 
for him after the application has been made, as contributions of 
the Italian subject to the fund in which he is enrolled. All par- 
ticulars, especially with respect to the issue of corresponding 
receipt cards, shall be determined by the Imperial Chancellor; 
the latter shall previously secure the consent of the Italian Gov- 
ernment, in so far as the National Provident Fund is concerned. 

In the case of paragraph 2 an insured Italian subject and his 
survivors shall not be entitled to claim the benefits of the Ger- 
man Invalidity and Survivor's Insurance unless such benefits 
must be granted for an insurance case arising previously to the 
making of the application. Contributions, of which half are to 
be paid over to the National Provident Fund in accordance with 
paragraph 2, shall not be taken into consideration with respect 
to the claim to such benefits. 

(4) Article 3, paragraphs two and three, shall hold good also 
for Italian subjects who make use of the voluntary additional 
insurance, according to the German law. The German insurers 
shall pay over the full amount of the additional stamps. 

(5) With respect to maintaining the rights to claim the 
benefits of the German invalidity and Survivor's Insurance, the 
fulfillment of the obligation of active military service in Italy 
is placed on a par with the fulfillment of the obligation of Ger- 
man subjects to serve under the colours. 

(6) German subjects residing in Italy shall be entitled to be 
enrolled as members of the Italian National Provident Fund, 
under the same conditions and with the same effects as Italian 

222 



LABOR LAW INTERNATIONALLY ADOPTED 

subjects, in so far as Articles 7, 8, 10, and ii do not contain any 
contrary stipulations. 

(7) German subjects shall be insured with the National Provi- 
dent Fund under the condition of repayment of the contributions 
(tariff of reserved capital). Upon application of the insured per- 
son, the contributions, including the amounts paid by others on 
behalf of the person enrolled, shall be refunded, should the in- 
sured person die or leave Italian territory before the contingency 
of insurance arises; in the latter case they shall be paid to the 
insured person. 

If employers in Italy pay contributions to the National Provi- 
dent Fund for their national workers or for certain classes of 
the same, they shall be bound to pay such contributions to the 
said fund also in a corresponding manner for their German 
workers. 

(8) The transfer from the Workmen's Insurance to the Na- 
tional Insurance, which takes place according to Italian legisla- 
tion when the conditions for inscription in the register of Work- 
men's Insurance with the National Provident Fund do not apply, 
shall entail for a German insured person the loss of the right to 
claim repayment of contributions only if he expressly agrees with 
the transfer. 

(9) German subjects belonging to the crew of an Italian 
sea-going ship shall be placed on the same footing as Italian sub- 
jects with respect to insurance with the Mercantile Marine In- 
validity Fund, in so far as nothing to the contrary is hereinafter 
stipulated. For such German subjects the inscription in the 
Italian register of seamen shall be a condition of the insurance. 

If a German subject insured in this manner leaves Italian ter- 
ritory previous to the contingency of the insurance arising, 
without belonging to the crew of an Italian sea-going vessel, the 
contributions paid for him shall be refunded upon his request 

(10) As long as a German subject who is entitled to an an- 
nuity from one of the said Italian funds, voluntarily has his ordi- 
nary abode outside the territory of the Italian State, his annuity 
shall remain suspended; In such a case his claim shall be com- 
pounded by the payment of triple the amount of his annuity. 

So long as a German subject has been exiled from Italian 
territory, In consequence of a criminal conviction, his annuity 
shall remain In suspense. 

221 



THE INTERATIONAL PROTECTION OF LABOR 

If a German subject has left Italian territory in virtue of an 
order of an Italian authority, his annuity shall not remain in 
suspense, except in the cases referred to in paragraph 2. The 
Italian fund, however, may compound his claim with his consent, 
by the payment of triple the amount of his annuity. 

(11) Disputes with respect to the compounding of claims 
shall be decided by such proceedings as are prescribed for annuity 
claims in the Italian Invalidity and Old Age Insurance Act. 

(12) Should the Italian Invalidity, Old Age, and Survivors' 
Insurance be extended to a larger circle of persons, the above 
conditions shall be correspondingly applied. 

PART III.— General Provisions. 

(13) With respect to the administration of the Accident In- 
surance as well as of the Invalidity, Old Age, and Survivors' In- 
surance of one country in the other, mutual support and legal 
assistance shall be given by the competent authorities. Legal 
assistance shall be given, in so far as no contrary provisions are 
contained in the following articles, in accordance with the pro- 
visions in force for civil and commercial matters. 

(14) The Italian Government shall communicate to the Ger- 
man Government a list of medical men, clinical establishments 
and hospitals, which, in the administration of the German Work- 
men's Insurance in Italy, are specially suitable for medical treat- 
ment and advice. It shall also take care that the expenses for 
treatment, examination and advice by the medical men named in 
the list and for maintenance in the institutions therein mentioned 
are kept within reasonable limits. 

(15) The regulations of one country, according to which 
there exist exemptions from stamp duty and fees or other priv- 
ileges with respect to the Accident Insurance and the Invalidity, 
Old Age, and Survivors' Insurance shall be correspondingly ap- 
plied, in so far as it may be necessary to administer in such coun- 
try the respective workmen's insurance of the other country. 

(16) In the case of an accident happening to an Italian sub- 
ject, the German Department concerned shall immediately give 
notice to the Italian Consular Authority, which is competent for 

224 



LABOR LAW INTERNATIONALLY ADOPTED 

the district in question, of the termination of the inquiry into 
the accident. 

The ItaHan Consular Authority may claim to follow the pro- 
ceedings in connection with the inquiry and any subsequent pro- 
ceedings to the same extent as the parties directly concerned. 

The provisions of paragraph 2 shall be applied in a correspond- 
ing manner to the German Invalidity and Survivors' Insurance. 

(17) Should it be necessary to obtain evidence in Italy for 
establishing the claim of an Italian subject arising out of the 
German Accident Insurance, or of the German Invalidity and 
Survivors' Insurance, the German insurers and the German In- 
surance Authorities may avail themselves of the intermediary of 
the competent Italian Consular Authority for their district. The 
inquiries made in this manner shall be free of cost, with the ex- 
ception of the medical evidence. 

(18) If, for the purpose of the administration of the German 
Accident Insurance and of the German Invalidity and Survivors' 
Insurance, it should be necessary to serve documents, fixing cer- 
tain periods, upon Italian subjects, who are not residing within 
the territory of the German Empire and whose abode is not 
known, the Department having to effect the service shall claim 
the intermediary of the Italian Consular Authority in the district 
of which the Department is situate. 

The Consular Authority shall send to the Department having 
to effect the service, within one week after receipt of the docu- 
ment, the certificate of the Post Office as to the delivery of the 
document. Should the Department demand it, the Consular 
Authority shall cause inquiries to be made as to the whereabouts 
and delivery of the document and communicate to the Department 
in question the information which it may receive In the matter 
from the Post Office. If the document is returned by the Post 
Office to the Consular Authority as undelivered, the Consular 
Authority shall transmit It immediately, with the annotations of 
the Post Office, to the Department having to effect the service. 

If the Consular Authority Is not in a position to effect delivery 
of the document, the same shall be returned without delay, at 
latest before the expiration of one week from receipt, to the De- 
partment having to effect the service. 

225 



THE INTERNATIONAL PROTECTION OF LABOR 

If the intermediary of the Consular Authority for effecting the 
service has been made use of without result, the Department 
having to effect the service shall be at liberty to effect such serv- 
ice by other means. 

The intermediary of the Italian Consular Authority may also 
be claimed for the service of documents vi^hich do not fix time 
limits. 

( 19) The Italian Government shall introduce a procedure cor- 
responding to that referred to in sections 16-18, when administer- 
ing the Italian Workmen's Insurance in connection with German 
subjects, as soon as the German Government places at its disposal 
the intermediary of its Consuls. 

(20) The contracting parties reserve to themselves the right 
to come to an arrangement by way of exchange of notes, as to 
the manner in which payments arising out of the Workmen's 
Insurance of the one country, to persons entitled to the same who 
are staying in the other country, shall be affected. 

(21) In matters which are regulated by this Part, the local 
competence and the districts of the Consular Authority shall be 
determined according to an arrangement to be come to between 
the two Governments. 

PART IV.— Final Provisions.: 

(22) The two contracting parties reserve to themselves the 
right, by an additional convention, to arrange that the subjects 
of the two countries shall be placed on the same footing, with 
respect to agricultural accident insurance on a larger scale, as 
soon as a system of accident insurance is introduced in Italy 
which may be equivalent to the German Agricultural Accident 
Insurance. 

(23) In the same way the two contracting parties reserve to 
themselves the right, by an additional convention, to arrange that 
the subjects of the two countries shall be placed on the same 
footing, with respect to Invalidity, Old Age, and Survivors* In- 
surance as soon as a system of Invalidity, Old Age, and Sur- 
vivors' Insurance is introduced in Italy which can be considered 
as equivalent to the German Invalidity and Survivors' Insurance. 

226 



LABOR LAW INTERNATIONALLY ADOPTED 

(24) This convention must be ratified by His Majesty the 
German Emperor and His Majesty the King of Italy, and the 
deeds of ratification shall be exchanged as soon as possible. 

(25) The convention shall come into force on ist April, 191 3. 
Notice of discontinuance of the convention may be given at 

any time by either party, and it shall cease to be in force on the 
expiration of the year following that in which notice was given. 
{E. B. VHI, (3-4) pp. 99-103). 



EXHIBIT 23. 

Agreement Between the German Empire and Spain Concerning 

the Reciprocal Communication of Accidents to Spanish 

Sailors on German Ships and of German Sailors on 

Spanish Ships. (Concluded by Exchange of 

Diplomatic Notes on ^oth November, 1^12 

— 12 February, 1913- ) 

(i) Should a Spanish sailor, employed on a German ship, 
meet with an accident during the execution of his work, and the 
ship be in a German port, or, after the accident, anchor in a Ger- 
man port, the German authorities, to whom the skipper has given 
notice in pursuance of the Regulations, shall notify the competent 
Spanish Consul; if the ship is in a non-German port, the Ger- 
man Consul to whom the skipper has given notice in pursuance 
of the Regulations, must communicate with the competent Span- 
ish Consul. If the port is Spanish and at the same time the 
chief town of a province, the Civil Government or else the Alcade 
shall be notified. Should the accident take place on the high seas, 
the German Consul is bound, if possible, to notify the accident to 
the proper authorities within 24 hours from the moment the 
ship enters a Spanish port. 

(2) Should a German sailor, employed on a Spanish ship, 
meet with an accident during the execution of his duties, and the 
ship be in a Spanish port, or after the accident, anchor in a 
Spanish port, the Spanish authorities, to whom the skipper has 
given notice in pursuance of the Regulations, shall notify the 

227 



LABOR LAW INTERNATIONALLY ADOPTED 

competent German Consul; should the port not be Spanish, the 
Spanish Consul to whom the skipper has given notice in pur- 
suance of the Regulations shall notify the competent German 
Consul, and, should the port be German, the Harbour Police. 
Should the accident take place on the high seas the Spanish 
Consul shall be bound, if possible, to notify the accident to the 
proper authorities within 24 hours from the moment the ship 
enters a Spanish port. 

(£. B. VIII, (6-7) p. 247.) 



EXHIBIT 24. 

Treaty Between Italy and the United States, Amending the Treaty 
of Commerce and Navigation Concluded 26 Febru- 
ary, 187 1 {Feb, 25, 191 3)* 

( I ) It is agreed between the High Contracting Parties that the 
first paragraph of Article III of the Treaty of Commerce and 
Navigation, 26th February, 1871, between Italy and the United 
States, shall be replaced by the following provision : 

The citizens of each of the High Contracting Parties shall 
receive in the States and Territories of the other the most con- 
stant security and protection of their property and for their rights, 
including that form of protection granted by any State or national 
law which establishes a civil responsibility for injuries or for 
death caused by negligence or fault, and gives to relatives or 
heirs of the injured party a right of action, which right shall 
not be restricted on account of the nationality of said relatives or 
heirs ; and shall enjoy in this respect the same rights and privileges 
as are or shall be granted to nationals, provided that they submit 
themselves to the conditions imposed on the later. 

(II) The present Treaty shall be ratified by His Majesty 
the King of Italy, in accordance with the constitutional forms of 
that kingdom, and by the President of the United States, by 
and with the advice and consent of the Senate thereof, and shall 
go into operation upon the exchange of the ratifications thereof, 
which shall be effected at Washington as soon as practicable. 

(E. B. VII.-VIII. (9-10) p. 363.) 

228 



LABOR LAW INTERNATIONALLY ADOPTED 

EXHIBIT 25. 

Agreement Between France and Switzerland Relative to Pensions 

to Be Granted to Members of the Staff of the 

Swiss Federal Railroads Employed on 

French Territory {Oct. ij, 191 3). 

The Swiss Federal Council and the Government of the French 
Republic, in an endeavour to prevent the French or foreign mem- 
bers of the staff employed on French soil by the General Admin- 
istration of the Swiss Federal Railroads from coming under the 
regulations concerning old age pensions of both countries, by the 
application of the Swiss and the French Acts, have agreed on the 
following provisions : 

(i) The members of the staff permanently employed within 
French territory by the General Administration of the Swiss 
Federal Railroads who benefit in Switzerland by old age insurance 
corresponding to the provisions of the French Act dated 21st 
July, 1909, shall be exempt from the application of the French 
Act relative to old age insurance for workers. 

(2) The members of the staff employed by the General Ad- 
ministration of the Swiss Federal Railroads who do not* belong 
to any Old Age Pension Fund, more especially those who are only 
temporarily employed by the said General Administration, shall 
remain subject to the provisions of No. i of the above-mentioned 
French Act concerning old age insurance for workers. 

(3) The present Agreement shall be ratified, and the rati- 
fication documents exchanged, at the earliest possible moment. 
The Agreement shall come into operation on the date on which 
the ratification documents are exchanged, and shall remain in 
force until one year after the date on which notice of termination 
of the Agreement shall be given. 

(£. B. IX, (3) p. 6i.) 



229 



I 



In taking a calm retrospect of my life, from 
the earliest remembered period of it to the present 
hour, there appears to me to have been a suc- 
cession of extraordinary or out-of-the-usual-way 
events, forming connected links of a chain, to 
compel me to proceed onward to complete a 
mission of which I have been an impelled agent, 
without merit or demerit of any kind on my part. 
— Robert Owen, Sevenoaks Park, Sevenoaks, 
September, 1857. 



APPENDIX II. 
Labor Resolutions Internationally Subscribed 



CONTENTS 
APPENDIX 11. 

Labor Resolutions Internationally Subscribed. 

Exhibit Page 

1. Proposals of the Congress at Roubaix (1884) 239 

2. Law Proposition Before French Chamber, (1885) 239 

3. Proposition Before the Reichstag, (1886) 240 

4. Proposals of the Swiss Federal Council, (1889) 240 

5. Program of the Swiss Federal Council, (1889) 2?1 

6. Resolutions Prepared at The Hague, (1889) 243 

7. Resolutions of the Conference at Berlin, (1890) 244 

8. Recommendations Discussed at Zurich, (1897) Extract 247 

9. Program of the Congress of Brussels, (September 27-30, 1897).. 248 

10. Statutes of the International Association for the Legal Pro- 
tection of Labor, (1900) 249 

11. Resolutions of the First Delegates' Meeting (Basel, Sept. 27- 

28, 1901) 252 

A. L'Annuaire de legislation du travail 253 

B. Publication of Bulletin 253 

C Night- Work of Woman 253 

D. Accident Statistics 253 

E. Unhealthf ul Industries using Lead and White Phosphorus . . 253 

F. Accident and Sickness Insurance of Aliens 254 

12. Resolutions of the Second Delegates' Meeting (Cologne, Sept. 
23-24, 1902) 254 

A. Night- Work of Women 254 

B. Use of Lead and White Phosphorus 255 

13. Resolutions of the Committee Meeting at Basel (Sept 11, 1903) . . 255 

A. White Phosphorus 255 

B. Lead and Lead Compounds 256 

C. Night-Work of Women 257 

14. Resolutions of the Third Delegates' Meeting, (Basel Sept. 26- 

28, 1904) 258 

I. International Protection of Laborers 258 

II. Organization of the Association 258 

III. Finances and International Labour Office 259 

235 



CONTENTS (Continued) 

Exhibit Page 

IV. The Struggle Against the Dangers of Occupational 

Poisoning 260 

A. Lead and Lead Compounds 260 

B. Industrial Poisons 260 

C. Prizes Offered to the Association 262 

V. Night- Work of Young Persons 262 

VL Home-Work 263 

VII. Legal Limitation of the Workday 263 

VIII. Social Insurance 264 

15. Resolutions of the Fourth Delegates' Meeting (Geneva, Sept. 
27-29, 1906) 264 

I. International Conventions 264 

II. Finances, International Labour Office, Statutes of New 
Sections, Standing Orders 264 

III. Administration of Labour Laws 264 

IV. Employment of Children 265 

V. Night- Work of Young Persons 265 

VI. Legal Maximum Working Day 266 

VII. Home-Work 266 

VIII. Industrial Poisons 267 

IX. Workmen's Insurance 268 

16. Resolutions of the Fifth Delegates' Meeting (Lucerne Sept. 28- 

30, 1908) 269 

I.International Conventions 269 

II.Finances, Bulletin, Staff Regulations, Library, etc 269 

III. Administration of Labour Laws 271 

IV. Employment of Children 271 

V. Night-Work of Young Persons 271 

VI. Maximum Working Day 273 

VII. Home-Work 274 

VIII. Industrial Poisons 276 

A. White Phosphorus 276 

B. Lead 276 

1. Painting and Decorating 276 

2. Ceramic Industry 277 

3. Polygraphic Industry 278 

C. List of Industrial Poisons 279 

IX. Working in Caissons 279 

X. Workmen's Insurance; Treatment of Foreigners in case 
of Accident 279 

17. Resolutions of the Sixth Delegates' Meeting, (Lugano Sept. 26- 

28, 1910) 281 

236 



CONTENTS (Continued) 

Exhibit Page 

I. International Labour Conventions of Berne, (1906) 282 

II. New Sections, Finances, Co-operation with other Inter- 
national Associations, Exhibition of Hygiene, etc 282 

III. Administration of Labour Laws 283 

IV. Child Labour 284 

V. Night-Work of Young Persons 284 

VI. Maximum Working Day 285 

A. Ten-hour Workday for Women 285 

B. Ten-hour Workday for Young Persons 286 

C. Ten-hour Workday for Men in Textile Industries... 286 

D. Workday in Continuous Processes 286 

E. Eight-hour Shift in Mines 287 

F. Hours in Specially Dangerous Industry 287 

VII. Workmen's Holidays 288 

VIIL Home-Work 288 

A. General 288 

B. Machine-made Embroidery 290 

IX. Industrial Poisons 290 

A. White Phosphorus 290 

B. Lead 290 

b. Ceramic Industry 291 

b. Germanic Industry 291 

c. Polygraphic Industry 294 

C. Protection of Homeworkers from Industrial Poisons. 297 

D. List of Industrial Poisons 297 

X. Work in Compressed Air 297 

A. Work in Caissons 297 

B. Divers 299 

XI. The Protection of Railway Servants and Prevention of 

Accidents. Automatic Coupling 299 

XII. Workmen's Insurance 299 

18. Resolutions of the Seventh Delegates' Meeting (Zurich, Sept. 

10-12, 1912) 300 

1. Publication of Reports 300 

2. Finances 300 

3. Bulletin of the International Labour Office 301 

4. New National Sections 301 

5. Co-operation with Other International Associations 301 

6. Next Delegates' Meeting 302 

7. International Conventions 302 

8. The Administration of International Labour Treaties 303 

9. Child Labour 303 

10. Saturday Half-Holiday 304 

11. Hours of Labour in Continuous Industries 304 

237 



CONTENTS (Continued) 

Exhibit Page 

12. Protection of Railroad Employees 305 

13. Protection of Dock Workers 306 

14. Hygienic Working Day 306 

15. Workmen's Holidays 306 

16. Legal Relations Between Employers and Employed 307 

17. The Truck System and deductions from Wages 307 

18. Home Work 308 

19. Machine-Made Swiss Embroidery 310 

20. List of Industrial Poisons 311 

21. Lead 311 

22. Handling of Ferrosilicon 312 

23. Principles for the Protection of Persons Employed in Min- 
ing, the Construction of Tunnels, Stone Quarries, etc., on an 
International Basis 313 

24. The International Prevention of Anthrax Among Indus- 
trial Workers and of Mercurial Poisoning in Fur-cutting 
and Hat-making 314 

25. Work in Caissons 314 

26. Diving Operations 314 

27. Mortality Among Working Classes 314 

28. Treatment of Foreign Workmen Under Insurance Legisla- 
tion 315 

19. Voeu 316 

20. Draft for an International Convention Respecting the Prohibi- 
tion of Night- Work for Young Persons Employed in Industrial 
Occupations, (Sept. 25, 1913) 318 

21. Draft for an Internatioal Convention to Fix the Working day for 
Women and Young Persons Employed in Industrial Occupa- 
tions, (Sept. 25, 1913) 320 

22. Constitution of the American Section of the International Asso- 
ciation on Unemployment. Extract 322 

23. Constitution of the American Association for Labour Legislation. . 323 

24. Justification of the Principle of the Prohibition of Night-Work 

of Women 325 

25. Report of the United States Section of the International High 
Commission 326 



238 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

EXHIBIT I. 
Proposals of the Congress at Rouhaix (1884) 

International legislation relating to : 

A. — The prohibition of the work of children under fourteen 
years of age; 

B. — The limitation of the work of men and women ; 

C. — The prohibition of night-work, excepting, however, certain 
cases determined by the exigencies of modern mechanical produc- 
tion ; 

D. — The prohibition of certain branches of industry and of 
certain modes of manufacture detrimental to the health of the 
workers. 

E. — The establishment of an international minimum wage and 
workday of eight hours. 

(Translation: L. Chatelain, La protection Internationale ouv- 
riere, p. 61.) 

EXHIBIT 2. 

Bill Before French Chamber {1885). 
The following proposition was laid before the French Chamber : 

"Article i. — The French Government will reply favorably to 
the proposals of the Swiss Government concerning international 
labor legislation. 

"Article 2. — The French Government will assume the initiative 
concurrently with the Swiss Government in entering as soon as 
possible into the necessary negotiations with foreign governments 
with a view to international labor legislation. 

"Article 3. — This international law shall have as its object: 

"i. The prohibition of industrial work of children under four- 
teen years of age; 

"2. The limitation of the work of women and those minors, 
who are especially protected by law; 

"3. Measures of ^hygiene, health and safety in the shops, with 
the purpose of safeguarding the health, the moral and physical 
development and the life of the workers ; 

"4. Protection and insurance against accidents ; 

"5. Inspection of mills, factories, shops and yards (chantiers) 

239 



THE INTERNATIONAL PROTECTION OF LABOR 

by inspectors one-half of whose number are to be appointed by 
/he Minister of Public Works and one-half chosen by the workers ; 

"6. The establishment for adults of a normal, or at least .1. 
maximum, workday; 

"7. Establishment of a weekly day of rest; 

"8. The institution of an international bureau of labor and 
industrial statistics, charged with studying and proposing th? 
means of furthering and codifying international labor legislation. 

"Article 4. — A committee of eleven members shall be appointed 
to present a detailed plan of international labor legislation, after 
having taken the opinion of the different labor organizations of 
France." 

(Translation: Ibid,, p. 19.) 

EXHIBIT 3. 

Proposition Before the Reichstag (1886). 

Proposal made with the object of having "the Reichstag take 
the resolution: 

"To call upon the Chancellor of the Empire to convoke a con- 
ference of the principal industrial States for the purpose of 
formulating the uniform basis of an international agreement con- 
cerning protective labor legislation, an agreement that would 
establish for all the States convened; 

1. A workday not exceeding ten hours, whatever the kind of 
establishment ; 

2. The prohibition of night-work in every kind of establish- 
ment with certain exceptions ; 

3. The prohibition of the work of children under fourteen 
years of age." 

(Translation: Ibid., p. 44.) 

EXHIBIT 4. 
Proposals of the Swiss Federal Council (i88g). 

1. Prohibition of Sunday work; 

2. Establishment of a minimum age for admission of children 
to factories; 

240 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

3. Establishment of a maximum workday for young workers ; 

4. Prohibition of the employment of young people and women 
in operations particularly injurious to health and dangerous; 

5. Limitation of night-work for young persons and women; 

6. Mode of executing the conventions that may be concluded. 
(Translation: Archives diplomatique s, 1889, t. XXX, p. 78. 

EXHIBIT 5. 
Program Proposed by the Swiss Federal Council {i88g). 

I. Prohibition of Sunday Work. 

1. In what measure is there reason for restricting of Sunday 
work? 

2. What are the establishments or processes for which, by 
their very nature, the interruption or suspension of work is in- 
admissible and Sunday work should consequently be permitted? 

3. Can some measures be taken in these establishments or 
processes for the purpose of giving Sunday rest to individual 
workers ? 

II. Determination of a Minimum Age for Admission of Child- 
ren into Factories. 

1. Is there occasion for the determination of a minimum age 
for admitting children into factories? 

2. Should the minimum age be the same in all countries, or 
on the other hand should it be determined in relation to the 
more or less early physical development of the child according 
to the climatic conditions of the different countries? 

3. What should be the minimum age determined in either of 
these two cases? 

4. Can exceptions to the minimum age once determined, be 
allowed if the number of workdays is reduced or the workday 
shortened ? 

III. Determination of the Maximum Workday for Young 
Workers. 

1. Is it expedient to determine a maximum workday for 
young workers? 

Ought the hours of compulsory school instruction be included ? 

2. Ought this maximum workday to be graded according to 
the different age groups? 

241 



THE INTERNATIONAL PROTECTION OF LABOR 

3. Of how many hours of work (with or without actual rest 
periods) ought the maximum workday to consist in the one or 
the other case. (See i and 2) ? 

4. Between what hours of the day ought the time of work to 
be distributed? 

IV. Prohibition of Employment of Young People and Women 
in Operations Particularly Injurious to Health or Dangerous. 

1. Is it necessary to restrict the employment of young people 
and women in establishments particularly injurious to health or 
dangerous ? 

2. Ought the persons of these two categories to be excluded 
from these establishments ? 

Entirely (young people up to what age?), or partly (young 
people up to a certain age? Women at certain times?). 

Or indeed ought the workday of young persons and women 
in these operations to be reduced ? 

What is the minimum of the requirements to be adopted in the 
last two cases? 

3. What are the operations injurious to health or dangerous, 
to which the above provisions ought to be applied (See i and 2) ? 

V. Limitation of Night- Work for Young Persons and 
Women. 

1. Ought young persons to be excluded entirely or partially 
from night- work? 

To what age should that exclusion extend? Under what con- 
ditions can they be partially admitted? 

2. Ought women without distinction of age to be excluded 
from night- work? 

In case of admission is it advisable to enact certain restrictions 
by law? 

3. What are the hours included within the term, night-work, 
or in other words when does night- work commence and end? 

VI. Enforcement of the Provisions Adopted. 

1. To what kinds of establishments (mines, factories, shops, 
etc., are the provisions adopted to be applicable? 

2. Should a term be appointed for compliance with the pro- 
visions adopted? 

3. What are the measures to be taken for the enforcement 
of the provisions adopted? 

242 



1 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

4. Ought regularly recurring conferences of delegates from 
the participating States to be provided for ? 

5. What tasks ought to be assigned to these conferences? 
(Translation: Ibid., 1890 t. XXXIII, p. 372-373.) 

EXHIBIT 6. 

Resolutions Prepared at The Hague (i88p), 

1. It is expedient for labor organizations and socialist parties 
both of the Old World and the New to strive for international 
labor legislation and to support the Swiss Republic in the inter- 
governmental conference called at Bern for this purpose ; 

2. This international legislation, in order to protect the exist- 
ence and liberty of labor, in order to reduce unemployment, and 
to make the crises of overproduction of rare occurence, must, 
first of all, take up the following points : 

A. Prohibition of child labor under fourteen years of age, 
and the reduction of the workday to six hours for young people 
between fourteen and eighteen years of age ; 

B. Limitation of the workday of adults to eight hours; 

C. Compulsory weekly rest or prohibition of the employment 
of labor more than six days in seven; 

D. Prohibition of night- work, except in certain cases to be 
determined in accordance with the necessities of modern mechani- 
cal production; 

E. Prohibition of certain kinds of industry and of certain 
methods of manufacture prejudicial to the health of the workers ; 

F. Establishment of an international minimum wage equal for 
the workers of both sexes ; 

3. For the enforcement of the above provisions, there shall 
be appointed national and international inspectors chosen by the 
workers and remunerated by the State; 

The election of the international inspectors shall be notified 
through diplomatic channels and within the space of a month to 
the different contracting powers. 

These inspectors, to the number of per country and ap- 
pointed for years, shall have authority to enter at all times 

every shop, mill, factory, yard (chantier), etc., to ascertain viola- 

243 



THE INTERNATIONAL PROTECTION OF LABOR 

tions, make official report, and bring to justice offenders. 

This control shall be extended to home manufacturing for the 
same reason of social hygiene for which the right of inspection 
has been given to the committees on unhealthy dwellings. 

(Translation: Chatelain, La protection internationale ouvrlere, 

p. 21.) 

EXHIBIT 7. 
Resolutions of Conference of Berlin (i8po), 

1. Regulation of Work in Mines. 

It is desirable : i. That the lower age limit at which children can 
be admitted to underground works in mines shall be progressively 
raised, in proportion as circumstances will allow it, to the age of 
fourteen; for meridian (Southern) countries that limit shall be 
fixed at twelve. 

Underground work is forbidden to persons of the feminine sex. 

2. In case the character of the mine does not permit the re- 
moval of all dangers to health, arising from conditions natural 
or incidental to the operation of certain mines or of certain 
works connected with them, the length of the working day must 
be limited. 

To each nation is left the task of attaining this object by 
legislative or administrative measures, or by agreement between 
the operators and workers, or in any other way in accordance 
with the principles and practice of each nation. 

3. A. That the safety of the workers and the salubrity of 
the work shall be assured by every means at the disposal of 
science, and placed under state supervision. 

B. That the engineers charged with the direction of the oper- 
ations, shall be exclusively men of experience and duly attested 
technical competence. 

C. That the relations between the mine workers and the 
mining engineers shall be as direct as possible so as to possess the 
character of mutual confidence and respect. 

D. That mutual benefit societies shall be organized conform- 
ably to the usages of each country, designed to insure the mine 
laborer and his family against disease, accidents, old age and 

244 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

death ; that institutions which can better the lot of the miner and 
attach him to his profession, shall be developed more and more. 

E. That efforts toward the prevention of strikes may be made 
with the object of guaranteeing the continuity of coal production. 

Experience tends to prove that the best preventive measure is 
that by which employers and miners agree to arbitrate, in every 
case where differences could not be settled by a direct agreement^ 

II. Regulation of Sunday- Work. 

It is desirable, subject to necessary exceptions and delays in 
each country that a weekly day of rest be assured to persons 
to whom this protective legislation applies; that a day of rest 
be assured to all industrial workers; that this day of rest shall 
fall on Sunday for persons to whom the protective legislation 
applies. 

Exceptions may be allowed for establishments which require 
continuity of production for technical reasons, or which furnish 
to the pubhc objects of prime necessity, which must be manufac- 
tures daily, also to establishments which, by nature, can function 
only in fixed seasons, or which depend upon the irregular action 
of natural forces. 

It is desirable that, even in the establishments of this class, 
each laborer shall have one free Sunday in two. 

In order that the exceptions may be determined from similar 
points of view, it is desirable that the different governments 
agree on the manner of regulation. 

III. Regulation of Child Labor. 

It is desirable that children of both sexes, under a certain age, 
shall be excluded from work in industrial establishments; that 
this limit shall be fixed at twelve years, except for meridian 
(Southern) countries where the limit may be ten years ; that these 
limits shall be the same for all industrial establishments without 
discrimination ; that the children shall have first satisfied require- 
ments of elementary instruction; that children under fourteen 
shall work neither at night nor on Sunday ; that their actual work 
shall not exceed six hours per day and shall be broken by a rest 
of at least one-half hour; that children shall be excluded from 
unhealthy or dangerous occupations, or else be admitted only 
under certain protective conditions. 

245 



THE INTERATIONAL PROTECTION OF LABOR 

IV. Regulation of the Work of Young Persons. 

It is desirable that young workers of both sexes between four- 
teen and sixteen years of age shall not work either at night or on 
Sunday; that their actual work shall not exceed ten hours per 
day and shall be broken by a rest of at least one and one-half 
hours' duration; that exceptions shall be permitted for certain 
industries. 

That restrictions shall be provided for operations particularly 
unhealthful or dangerous. 

That protection shall be assured to young boys between sixteen 
and eighteen years of age in that which concerns the maximum 
workday, night-work, Sunday work, employment in occupations 
particularly unhealthful or dangerous. 

V. Regulation of Women's Work. 

It is desirable that girls and women shall not work at night. 

That their actual work shall not exceed eleven hours during 
the day and shall be interrupted by a rest of at least one and 
one-half hours' duration. 

That exceptions shall be permitted in certain industries and 
that restrictions shall be provided for occupations particularly un- 
healthful or dangerous. 

That lying-in women shall not be admitted to work within 
four weeks after their delivery. 

VI. Enforcement of the Provisions Adopted by the Confer- 
ence. 

In cases where the governments wish to give effect to the acts 
of the Conference, the following provisions are recommended : 

That the enforcement of the measures undertaken in each 
State shall be supervised by a sufficient number of specially quali- 
fied officials appointed by the government and independent of the 
employers and also workers. 

The annual reports of these officials, published by the govern- 
ments of the different countries, shall be communicated to the 
other governments. Each State shall publish periodically, in 
so far as possible in similar form, statistical abstracts. 

As to the questions discussed at the Conference, the participat- 
ing States shall exchange between themselves the statistical ab- 
stracts, bearing on those questions as well as the text of the regu > 

246 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

lations decreed by legislative or administrative action, and having 
reference to the questions discussed at the Conference. 

It is desirable that another Conference of the States shall take 
place in the future, and that the States shall then communicate 
to each other the experience gained as a result of the present Con- 
ference in order to be able to make any changes or improvements. 

The undersigned submit these resolutions to their respective 
governments, subject to the reservations and with the observations 
made in the sessions of the 27th and 28th of March and recorded 
in the minutes of those sessions. 

Berlin, March 29, 1890. 

TT2Lns\2ition : Archiv. dipl, 1890, t. XXXV, p. 175-178.) 

EXHIBIT 8. 

Recommendations Discussed at the Congress of Zurich (1897.) 

(Extract) 

I. Inspection inclusive of large and small industrial establish- 
ments, mines, transportation, business, home work and agricul- 
tural establishments which employ machinery, by independant 
officials selected, more than in the past, from experts. These 
inspectors shall have workers as their assistants and be numerous 
enough to be able to inspect each establishment every six months. 
Special inspectors must be provided for agriculture. 

The enforcement of the regulations relating to woman's work 
shall be exercised by women inspectors paid by the State and 
chosen in part from the working women. 

II. Absolute right of organization for all manual workers and 
other kinds of employees of the two sexes, especially official 
recognition of all the offices and committees, established by the 
workers for the control of labor protection. Likewise recognition 
of trade unions and law of control. 

Violation of the right of organization is punishable. 

III. Introduction of universal suffrage, equal, direct and 
secret, for election to all representative bodies, in order to insure 
a more genuine influence of the labor class upon all Parliaments. 

IV. Active propaganda by trade unions and political organi- 

247 



THE INTERNATIONAL PROTECTION OF LABOR 

zations by means of lectures, pamphlets, meetings, journals, and 
above all, parliamentary action. 

V. Organization of periodical international Congresses; pre- 
sentation of similar bills at the same time to different legislatures. 

(Translation: Chatelain, La proteition Internationale ouvriere, 
p. 80-81.) 

EXHIBIT 9. 

Program of the Congress of Brussels {Sept. 2'j-^o, i89'^). 

The program submitted to the deliberations of the Congress 
(Brussels 1897) contains many questions: i. Question: Evo- 
lution of labor legislation in the different countries since the Con- 
ference of Berlin. 

"What modifications has protective labor legislation undergone 
in each cotmtry since the Conference of Berlin? 

"What is the respective situation of the different industrial 
States in regard to the resolutions taken by the Conference on 
child labor, work of young persons, work of women and work in 
mines ?" 

2. Question : Regulation of work of Adults. 

"Ought male workers and adults to be subjected to a protective 
regime? Especially, ought the law to limit in a general manner 
the length of their work ? 

3. Question: International Protection. 

"Is international protection of laborers possible and desirable? 
In what measure and under what form ?" 

4. Question : Home Work. 

"Is it feasible to regulate labor conditions in small industry 
and in home work? If so, what should be the practical measures 
to be recommended?" 

5. Question: Dangerous Industries. 

"Is it expedient and desirable that special regulations which 
are imposed in many countries upon dangerous industries should 
be put into operation concurrently in all industrial states?" 

6. Question: Labor Inspection. 

"What are the proper means of insuring the best enforcement 
of protective labor laws, in particular what ought to be the rights 
and duties of factory inspectors?" 

248 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

7. Question: International Labor Statistics. 

"Is it desirable that international reports be instituted between 
the labor offices and that international labor statistics be com- 
piled?" 

(Translation: Ibid., p. 83-84.) 

EXHIBIT 10. 

Statutes of the International Association for the Legal Protection 

of Labor. 

(i) There is hereby organized an international association 
for the legal protection of labor. The seat of the association is in 
Switzerland. 

(2) This association has for its object: 

1. The bringing together of those who in the different indus- 
trial countries consider protective legislation of working people 
as necessary. 

2. The organization of an international labor office which will 
have for its mission the publication, in French, German, and 
English, of a periodical collection of the labor legislation in all 
countries, or to lend its cooperation to such a publication. 

This collection will comprise: 

(a) The text of a resume of all laws, regulations, and decrees 
in force relating to the protection of the working people in gen- 
eral, particularly woman and child labor, the limitation of the 
hours of labor of male workers and adults, Sunday rest, periodical 
repose, dangerous industries; 

(b) An historical summary of these laws and regulations; 

(c) A resume of official reports and documents concerning 
the interpretation and execution of these laws and decrees. 

3. To facilitate the study of labor legislation in the various 
countries, and especially to furnish to members of the association 
information regarding the legislation in force and its application 
in the several States. 

4. To further, by the preparation of memoirs and otherwise, 
the study of the question of the concordance of the various pro- 
tective labor laws, as well as that of international statistics of 
labor. 

249 



THE INTERNATIONAL PROTECTION OF LABOR 

5. To convoke the international congresses on labor legisla- 
tion. 

(3) The association is composed of all persons and societies 
(other than the national sections) who adhere to the object of the 
association, as indicated in articles i and 2, and who remit to the 
treasurer an annual contribution of 10 francs ($1.93.). 

(4) Any member who by the end of one year has neglected 
or refused to pay his dues will be considered as having resigned. 

(5) The members have a right to the publications to be issued 
by the association. 

They also have the right to receive gratuitously from the 
bureau the results of inquiries that may have been instituted, and 
conformably to special regulations, such information as may 
come within the competence of this bureau. 

(6) The association is under the direction of a committee 
composed of members belonging to the various States admitted 
to representation thereon. 

(7) Each State will be represented on the committee by 
six members, as soon as 50 of its citizens will have joined the 
association. 

After that, each new group of fifty members will be entitled to 
one additional seat, the total number of members of the commit- 
tee from any State not to exceed ten. 

The governments will be invited to designate one delegate 
each, who will have the same rights in the committee as the other 
members. 

(8) The duration of the terms of members of the committee 
is not limited, and the committee is recruited by cooptation. 

The election of new members of the committee to replace those 
who have died or resigned will take place upon the nomination 
of the members belonging, respectively, to the States having 
a right to the representation. 

The vote is by secret ballot, at a meeting of the committee, 
the notice of which will contain an indication of the candidates 
presented. The members who do not attend this meeting may 
send their votes to the president in a sealed envelope. 

(9) The committee is competent to pass any resolutions need- 
ful for the accomplishment of the object of the association. It 

250 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

shall meet in a general assembly at least once every two years. 
It may be convoked by the bureau, whenever the latter judges 
it necessary or when at least fifteen members of the committee 
request it. 

The choice of the meeting place will be made by the consulta- 
tion in writing of all the members of the committee, by the secre- 
tary-general, within a time fixed by the bureau. 

( 10) The committee elects from among its members a bureau 
composed of a president, a vice-president, and a secretary-gen- 
eral ; The committee also appoints the treasurer of the association. 

( 1 1 ) The mission of the bureau is to take the steps necessary 
for the execution of the resolutions of the committee. It man- 
ages the funds of the association. It makes each year a report to 
the committee of the administration of its affairs. It appoints 
the clerks and other persons necessary for the work of the 
association. It places itself in communication, in all industrial 
States, with specialists and other competent persons disposed to 
furnish information regarding the labor laws and their applica- 
tion. These persons receive the title of correspondents of the as- 
sociation. 

(12) The secretary-general has charge of the correspondence 
of the association, of the committee, and of the bureau, as well as 
of the publications and of the information service. 

(13) The treasurer receives the dues and has charge of the 
funds. He makes no payments without the visa of the president. 

(14) A national section of the association may be formed in 
a country, on condition that it has at least 50 members and pays 
into the treasury of the association an annual contribution of at 
least 1,000 francs ($193). The statutes of such a section must 
be aproved by the committee. 

Such a section has the right to provide for the vacancies which 
occur on the committee from among the representatives of its 
country. 

The members of a national section have the same rights as 
those of the association, with the reservation that the publica- 
tions to be furnished them by the association, as well as the 
representation on the committee, will be proportionate to its 
annual contributions. 

251 



THE INTERATIONAL PROTECTION OF LABOR 

(15) The present statutes can not be revised, either wholly or 
in part, except at a meeting of the committee, and then only by 
a two-thirds majority of the members present, and when the 
proposition of revision has been inserted in the notice of meeting. 

{Bulletin of the Bureau of Labor. No. 54 Sept. 1904. Wash- 
ington, pp. 1081-1082.) 

EXHIBIT II. 

Resolutions of the First Delegates' Meeting {Basel, Sept. sj-sS, 

1901). 

A. 

I. a. The statutes of all the sections have been approved and 
the sections recognized by the Association. 

b. Note has been made of the Constitution of the Italian sec- 
tion which conforms to the Constitution (Statutes) of the Inter- 
national Association. 

II. The Bureau of the International Association has been 
asked to investigate the manner in which Articles 7 and 14 of 
the Statutes of the Association could be revised. 

HI. The Bureau of the International Association has been 
asked to take up with the Committee the question of determining 
the treatment to be accorded a proposition of Mr. Caroll Wright 
requesting that each labor bureau of the United States be repre- 
sented by a delegate with consultative authority on the Interna- 
tional Committee. 

B. 

I. The President has been invited to express in the form that 
seems to him appropriate, to the Governments of the Swiss Con- 
federation, the French Republic, the Kingdoms of Italy and Hol- 
land, and the Canton of Basle the thanks of the Association; by 
granting subventions, by delegating official representatives, by 
furnishing quarters ,these Governments have aided very notably 
in the creation of the International Labor Office. The Constit- 
uent Assembly desires also to extend its thanks to all persons 
who have aided in its work, as well as to che press which has 
been favorable to it. 

252 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

II. The Assembly deems the report of Professor Bauer, Di- 
rector of the International Office, upon the purpose of that Office, 
very interesting as an expression of his personal opinions. It 
congratulates Mr. Bauer, but it calls attention expressly to the 
fact that, according to the Statutes of the Association, the activi- 
ties of the International Labor Office should be confined to in- 
vestigatoins of a purely scientific order. This being granted, the 
Assembly proposes to determine acordingly the nature of the more 
immediate activities of the International Office, activities that 
must be undertaken gradually to the extent that the resources of 
the Office will permit. 

A. Negotiations with Belgium for the publication and distri- 
bution of the UAnnuaire de legislation du travail. 

B. Publication of a Bulletin containing: 

1. In one of the first numbers the titles and purposes of 
protective labor laws in each country, indicating the sources 
where the complete text can be found. 

2. A table of parliamentary action relating to protective labor 
legislation in the different countries. 

3. The resolutions of congresses, and especially associational 
congresses, national and international, relative to the protection 
of labor. 

4. As far as available, the texts and analyses of new laws and 
regulations promulgated for the protection of labor. 

5. A bibliography of official publications and of private publi- 
cations of a documentary nature, relating to the legal protection of 
labor and to labor statistics, indicating the title, contents, size, 
price, and publisher. 

C. Investigations as to the actual condition and effect of 
night- work of women in the different countries, as well as the 
results obtained in the industries where night-work has been 
suppressed. The report shall distinguish the differences existing 
in the definition of night hours in the different countries and the 
consequences w^hich ensue. 

D. Establishment of a uniform form for industrial accident 
statistics in the different countries. 

E. Investigations as to the degree of unhealthfulness and the 
actual legislation pertaining to unhealthful industries, and 

253 



THE INTERATIONAL PROTECTION OF LABOR 

especially as to: i. those which manufacture or use lead colors; 
2. those which manufacture or use white phosphorus. 

F. Comparative investigations of the legislation of different 
countries concerning accident insurance and sickness insurance 
and civil responsibility with reference to persons who work in a 
country other than that which is the home of their family. 

III. In general, information concerning the protection of labor 
shall be furnished gratuitously to Governments; it shall be given 
gratuitously to private individtials only when the latter shall be- 
long to one of the national sections or to the International Asso- 
ciation. 

IV. The Assembly recommends that the sections encourage 
and facilitate in every way relations between the Labor Office and 
workingmen's and employers' Associations. To this end, the 
most effective means will be to furnish the Labor Office the 
addresses of these Associations. The sections can also address 
circulars to them inviting them to send their printed documents 
to the International Office. 

V. The Assembly also proposes that the investigations indi- 
cated under headings C D E and if possible, F, serve as the 
basis for the deliberations and conclusions of the next meeting 
of the International Association, which will take place at Cologne 
in September, 1902. 

(Translation; Publications de I' Association internationale pour 
la protectional legale des travailleurs. No. i. p. 131 and 133.) 

EXHIBIT 12. 
Resolutions of the Second Delegates' Meeting (Cologne, Sept. 

23-24, 1902.) 

The resolutions were as follows: 

I. "The condition of legislation on the night-work of women 
in the majority of the large industrial States, and, as proved by 
the reports published by the sections, the influence of that legisla- 
tion on the state of industry in general and on that of different 
enterprises and laborers in particular, justify the absolute prohi- 
bition in principle of the night-work of women. The international 
Committee instructs a Commision to investigate the means of in- 
troducing that general prohibition and of examining how the ex- 

254 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

ceptions that exist may be gradually suppressed. This commission 
shall make its report within two years. Each national section has 
the right to appoint two delegates on the Commission. The 
Commission shall call into consultation competent persons se- 
lected from among workmen and employers. The governments 
shall be notified in sufficient time of the meetings of the Commis- 
sion in order that they may be represented. 

II. "The dangers that the handling and use of white phos- 
phorus and lead present to the health of the workers being par- 
ticularly serious there is urgent need for the institution of a com- 
mission charged with the investigation of the ways and means 
adapted to the elimination of those dangers and of bringing 
about by international agreement the general prohibition of white 
phosphorus and the suppression in as far as possible of the use 
of white lead. 

"This task shall devolve upon the commission charged to report 
upon the first proposition. 

"The international Committee will immediately start proceed- 
ings through the agency of its bureau with governments and 
communal authorities to the end that the use of ceruse may be 
prohibited in the works of the State, the cities and townships." 

(Translation: Ibid., No. 2, p. 45.) 

EXHIBIT 13 

Resolutions of the Commission Meeting at Basel (Sept. 11, 

1903)- 

A. Prohibition of the Use of White Phosphorus in the Match 
Industry. 

I. In execution of the tasks delivered to it at Cologne by the 
International Association for the Legal Protection of Labor, the 
Commission calls upon the Bureau to request of the Federal Coun- 
cil of the Swiss Confederation its good offices in initiating an in- 
ternational Conference having for its aim the prohibition by means 
of an international Convention of the use of white phosphorus 
in the match industry. 

II. The Bureau in co-operation with a subcommittee shall, 
before March i, 1904, send to the different governments an ex- 
planatory memorandum of the question of white phosphorus; it 

25s 



THE INTERATIONAL PROTECTION OF LABOR 

shall send that memorandum to the governments represented upon 
the Committee through the agency of their respective delegates. 
The memorandum shall be addressed directly to the other govern- 
ments by the Bureau. 

B. Lead and Lead Colors. 

I. The Commission thinks that it is not necessary to resort to 
international agreements in the matter of the use of ceruse in the 
painting trade. 

It is of opinion that this question does not raise any serious dif- 
ficulty with reference to international competition and that the 
more general regulation relative to lead and its compounds would 
be more profitably the object of an international conference. 

IL The Commission is of the opinion that it is advisable for 
the Bureau and the national sections to pursue energetically in 
each country the prohibition of the use of white lead in public 
and private painting works. The national sections are invited to 
send to the Bureau before March i, 1904, a report on the measures 
they have taken for the purpose of bringing about the suppression 
of the use of white lead in painting. The Bureau shall give an 
account at the next meeting of the Committee of the measures 
that have been taken up with the governments. 

IIL The Commission charges the Bureau of the International 
Association to invite the sections to take up measures with their 
governments as soon as possible by setting forth the facts as to 
the number of establishments in which cases of lead poisoning 
have been discovered and presenting the data collected in the 
different countries by the International Labor Office, in order 
that: 

(i) The necessary investigations may be made in order to 
ascertain completely the present condition of affairs. (2) If in 
spite of scientific research for the discovery of innocuous substi- 
tutes, the prohibition of the use of lead seems impossible, the 
dangers which threaten the health of the workers may be elimi- 
nated or at least diminished in so far as possible by the rigorous 
application of the special regulations already existent or by the 
promulgation of new protective regulations for each of the 
different categories of industry that manufacture or use lead or 
its compounds. 

256 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

The question of lead in its entirety must be placed upon the 
program of the next meeting of the Committee in order that the 
ways and means may be considered to introduce the improvements 
which have been recognized to be possible. 

C. Prohibition of the Night- Work of Women Employed Out- 
side of Their Home. 

I. In compliance with order given to it at Cologne by the 
International Association for the Legal Protection of Labor, the 
Commission calls upon the Bureau to request of the Federal 
Council of the Swiss Confederation its good offices in initiating 
an international conference having for its aim the prohibition by 
means of an international convention of night-work of women in 
industry. 

II. The Bureau in co-operation with a subcommission shall, 
before March i, 1904, send to the different Governments a memo- 
randum on the question of night-work of women; it shall send 
that memorandum to the government represented on the Com- 
mittee through their respective delegates. The memorandum shall 
be addressed directly to the other governments by the Bureau. 

That memorandum shall definitely state that the prohibition of 
night-work of women ought to insure to all working women em- 
ployed in an industrial establishment, that is outside of their home, 
a rest of twelve consecutive hours between evening and morning. 
In case the immediate introduction of night-rest of twelve hours' 
duration presents difficulties, the period of night-rest may be 
fixed at ten hours for a period of transition. The memorandum 
shall explain the different resolutions adopted by the Commission. 

1. Exceptions may be provided in case of imminent or actual 
accident. 

2. Women assigned to work upon materials subjected to very 
rapid deterioration, as, for example, in fish and certain fruit in- 
dustries, may be allowed to work at night on each occasion 
when it is necessary in order to save the materials from other- 
wise unavoidable loss. 

3. Seasonal industries and those whose needs are similar 
shall find, in the transitional provision prescribing a night's rest of 
ten hours, the additional hours for work of which they may 
be in need in their present state of organization. 

257 



THE INTERATIONAL PROTECTION OF LABOR 

4. Periods of time may be set within which to bring about 
the reahzation of these reforms. 
(Translation: Ibid., No. 3. p. 6-8. ) 

EXHIBIT 14 

Resolutions of the Third Delegates' Meeting {Basel, Sept. 26-28, 

1904). 

I. International Protection of Laborers. 

1. The Committee of the International Association notes with 
satisfaction the work of the special Commission and approves the 
acts inspired by it and executed by the Bureau. 

2. The Bureau of the International Association is instructed to 
express to the High Swiss Federal Council its profound appre- 
ciation of the Council's intention to comply with its request and 
convoke an international conference for the legal protection of 
workers. 

3. The Bureau of the International Association is instructed 
to express the gratitude of the Association to the High Gov- 
ernments of the French Republic and the Kingdom of Italy which, 
by the conclusion of a protective labor Treaty, have taken an 
initiative that will promote the international protection of labor. 

These letters shall be signed also by the Presidents of the sec- 
tions. 

II. Organization of the Association. 

1. The statutes of the Swiss section are approved in their 
present form. 

2. Each of the sections of the International Association for 
the Legal Protection of Labor shall appoint one of its members, 
or a special Committee, instructed to work, either with the 
Bureau of the International Association, or independently of it, 
for the foundation of sections in sympathy with the principles of 
the International Association in the countries that are not yet 
represented in the Association, and for the carrying on of propa- 
ganda through the press. 

The sections shall notify the Bureau of the International As- 
sociation of the persons designated, or the appointments made 
in pursuance of the preceding paragraph. 

258 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 



The sections shall present to each of the general Assemblies a 
report on their activities in the matter of propaganda. 

3. The Bureau of the International Association is instructed 
to consult with the sections and governments in due time for the 
purpose of determining the place and exact date of the next 
General Assembly of the Committee. 

III. Finances and International Labor Office. 

1. After having verified the accounts of the year 1902-1903, 
the General Assembly discharges the Bureau of the International 
Association of its obligations for these two years. 

2. Beginning with the year 1905, a single budget shall be 
made out for each year: that of the International Association; 
in this the budget of the International Office shall constitute a 
separate chapter. The proposed budget shall be submitted each 
year for the approval of the Presidents of the Sections before 
becoming final. 

3. (a) The Sections assume the obligation of printing at their 
own expense the reports which they present to the general as- 
semblies and of furnishing gratuitously 115 copies to the Bureau 
of the Association. 

(b) The Sections of the countries whose governments do not 
yet grant any subvention to the Association or at least the sub- 
vention designated in the budget, are under obligation to take 
proceedings before their respective governments in order to in- 
duce the latter to grant to the International Association the annual 
subventions designated in their budget. 

(c) The Sections pledge themselves to make all possible effort 
to insure a wider sale of the Bulletin, and in particular to insti- 
tute proceedings with their governments and communal authorities 
in order that the latter may recommend to public administrations 
subscription to the Bulletin. 

4. In spite of the measures to be taken by the sections, 
(see 3a to c) the present financial situation of the Association is 
such as to seriously endanger the regular functioning of the 
International Labor Office in as much as the receipts are out of all 
proportion to the high expenses resulting from the activities in 
the preparation of international labor protection. In view of these 
facts, the Assembly calls upon the governmental representatives 

259 



THE INTERNATIONAL PROTECTION OF LABOR 

present to inform their respective governments of the present 
financial situation, with or without preHminary agreement, in 
order that they may increase their regular subventions. 

5. The General Assembly approves the proposed budget for 
the year, 1905, as modified by the Committee. 

6. The Association notes with satisfaction the report of the 
International Labor Office. It thanks the officials of that office 
for their devoted and zealous services. 

IV. The Struggle Against the Dangers of Occupational Poi- 
soning. 

A. Lead and Lead Compounds. 

1. The question of lead ought to be studied separately for 
each group of industries of certain importance manufacturing or 
using lead, such as: Shops manufacturing lead and zinc, manu- 
factories of lead colors, ceramic and painting industries, manu- 
factories of electric accumulators, polygraphic industries, plumb- 
ing, file cutting and cutting of precious stones, dyeing, etc., etc. 
New investigations should be made if there is need in order 
that there may be prescribed for each of these industries the 
special protective regulations necessary, or that certain uses of 
lead or of its compounds may even be prohibited. 

A committee shall be instructed to study separately the different 
groups of dangerous industries, to draw up the practical con- 
clusions of its studies, and then to frame standard regulations. 
It shall submit to the Bureau the results of its work as soon 
as completed for each group of industry. 

2. As regards the use of white lead in the painting industry, 
the Association supports without modification the recommenda- 
tion already adopted in favor of the suppression of the use of 
this material in all works where other substances can be used 
in its place. It furthermore thinks that strict regulations must, 
of necessity, be enacted where its suppression has not yet been 
obtained. 

3. The Association decrees that the Bureau shall distribute 
to the Sections as soon as possible the report by which Mr. de 
Vooys undertakes to show that the use of lead glazes can be 
dispensed with in the ceramic industry. 

B. Industrial Poisons. 

260 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

(a) The Bureau is instructed to secure, in the most suitable 
way, the adoption of the following fundamental principles for 
combatting in a systematic manner the dangers of industrial poi- 
soning. 

1. It shall be the duty of the medical practitioners and hos- 
pital administrations to bring to the attention of the competent 
authorities the cases of industrial poisoning designated by ad- 
ministrative regulations. 

The physicians shall be remunerated for the service rendered. 

2. In cases where the law will require the attendance of 
physicians upon an establishment, it is important that the phy- 
sician of these establishments which manufacture or use indus- 
trial poisons shall be absolutely independent of the employers of 
these establishments. 

3. The establishments manufacturing or employing indus- 
trial poisons must be declared as such by the heads of the 
establishment. That declaration must contain an enumeration of 
the poisons manufactured or handled in the establishment. 

4. Sick funds and mutual relief societies ought in their own 
interest to give very special attention to those of their members 
who work in establishments manufacturing or using poisons ; they 
ought to make special morbidity investigations and to communi- 
cate the results of the same to labor inspectors in order to enable 
them to combat effectively the causes of poisoning. 

5. It is advisable to promote in medical schools the study of 
industrial poisoning; the attention of young doctors must be 
directed by special courses to the importance of labor hygiene 
and the prophylaxis of occupational diseases. 

6. In order to insure a really efficient supervision of es- 
tablishments which produce or use industrial poisons, it is ex- 
pedient, besides the medical practitioners already mentioned, to 
place in charge medical inspectors having a thorough and special 
knowledge of industrial hygiene. 

7. (a) It is advisable to regulate the length of the workday 
in each dangerous industry by taking account of the degree of 
toxicity of the industrial poisons handled. 

(b) The Bureau is invited to instruct a committee of ex- 
perts to draw up and make public a list of substances which 

261 



THE INTERATIONAL PROTECTION OF LABOR 

should be considered as industrial poisons, and to classify these 
poisons according to the seriousness of the disease caused by each. 

The Bureau shall insure wide publicity to this list. 

C. Prizes oifered to the Association. 

The Association accepts with thanks, on conditions reported by 
the Bureau, the prizes that have been oifered it for combatting 
the dangers which the use of lead presents to workers. 

It instructs the Bureau to convey to the generous donors an 
expression of its profound gratitude. 

The Bureau must designate the experts left to the selection 
of the Association from among the candidates presented by the 
national sections. 

V. Night- Work of Young Persons. 

The Association without prejudice to the program of the Inter- 
national Conference and considering the urgency of the sup- 
pression of night-work of young persons, invites the Bureau to 
lay before the sections this question and to place it upon the 
program of the next meeting of the Association. 

The Bureau is authorized to entrust its study to a Committee 
and to invite the sections to appoint their delegates to it. 

Proposed Questionnaire for the Sections. 

1. What is the number of children and young persons em- 
ployed in your country (actual number and percentage of the 
whole number of workers) ? 

What is the number of those employed at night: 

(a) By age? 

(b) By industry? 

2. How many are there who fall under the head of exceptions, 
in what industries and under what form. 

3. What are the effects of the exceptions, how do they justify 
themselves ,what exceptions could be done away with, what would 
be the result of such action, both from the technical and economic 
point of view? (Obtain this information chiefly from factory 
inspection reports.) 

4. What difficulties would oppose themselves in your country 
to making eighteen the age limit for the protection of young 
workers ? 

5. What is the legal length of night-rest ; what is the length of 

262 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

night-work allowed in exceptional cases, for what reasons? (In- 
quiries should be made of the teaching force, medical force, etc.) 

6. In what industries have violations of the prohibition of 
night-work been discovered ; what were the reasons ? 

7. Give the same information relative to employees other than 
manual workers. 

VI. Home Work. 

1. The national sections are invited by the Bureau of the 
International Association to start under conditions which they 
shall determine and in accordance with a program the details of 
which are left to their own free discretion, an investigation on 
the two following points: 

(a) What has been the influence of protective labor legisla- 
tion on the development of home work m that which concerns 
specially women and young workers? 

(b) What are the principal abuses resulting either from the 
absence or insufficiency of regulation of this kind of labor both 
from the point of view of the duration of the work of these 
classes of workers and from that of the hygienic conditions and 
security of the place of work? 

2. The sections must apply in as far as possible, the mono- 
graphic method, that is to say, they must carry on their in- 
vestigation not upon the whole of the industries of the country, 
but on certain industries chosen by them for the purpose. 

3. The scope of the inquiry includes: 

(a) Home work properly so-called, that is to say work done 
in the home by the worker with or without the assistance of 
one or more helpers, for the account of an entrepreneur. It is 
advisable to include in this category certain home workers whose 
independence is only apparent and who are really very dependent 
upon manufacturers or big retail stores. 

(b) The work done in shops free wholly or in part from 
legal regulation either because they are family shops, or by reason 
of the small number of workers regularly employed, or by 
reason of the nature of the industry, or for any other cause. 

VII. Legal Limitation of the Workday. 

The International Association for the legal protection of work- 
ers invites the sections to make a study of the question of 
legal limitation of the workday of manual workers and all other 
employees in commercial and industrial establishments, 

263 



THE INTERNATIONAL PROTECTION OF LABOR 

And it requests the sections to prepare for the next general 
meeting reports on the status of the question in the different 
countries. 

VIII. Social Insurance. 

1. As regards the rights guaranteed to the workers and his 
dependents by legislation on insurance and professional responsi- 
bility, there is no occasion for discriminating between beneficiar- 
ies because of their nationality, their domicile, or their residence. 
The law of the domicile of the enterprise for which the laborer 
works is applicable. 

2. The national sections shall, before the next general assem- 
bly, furnish the Bureau of the Association with a report on 
the ways and means of applying this principle within each coun- 
try and in international relations from the twofold point of view 
of civil responsibility and insurance organization. 

(Translation: Ihid., No. 3, p. 171-176.) 

EXHIBIT 15. 
Resolutions of the Fourth Delegates' Meeting, Geneva, {Septem- 
ber 2'J-2g, Ip06). 

I. International Conventions. 

The Board of the International Association for Labour Legis- 
lation is instructed to convey the thanks of the Association to 
those Governments which have become parties to the Labour 
Conventions signed at Berne on September 26, 1906, and to 
congratulate the High Swiss Federal Council on the success of its 
efforts. 

II. Finances, International Labour Office, Statutes of New 
Sections, Standing Orders. 

The Board of the International Association is instructed to 
convey the thanks of the Association to those Governments which, 
by increasing their State subsidies, have substantially helped to- 
wards the improvement in the financial condition of the Asso- 
ciation, and thereby enabled the International Labour Office to 
maintain its efficiency. 

HI. Administration of Labour Laws. 

The Sections are requested to report to the Board on the 
measures taken, in accordance with legal enactment or special 

264 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

order in their respective countries, to secure the observance of 
Labour Laws. To this end, a Hst of questions will be sub- 
mitted to the Sections by the Board. On receiving the replies 
to these questions, the Board shall draw up a comparative report 
on the steps taken to secure the effective Administration of the 
Labour Laws in the various countries. 

IV. Employment of Children. 

The Board is instructed to invite the Sections to report on the 
conditions and extent of the employment of children and the 
existing legal provisions for the protection of children employed, 
and to lay before the next Delegates' Meeting a report com- 
piled from the reports so obtained. 

V. Night Work of Young Persons. 

1. Night-Work shall be in general forbidden for young per- 
sons under i8 years of age. 

2. This prohibition is absolute for young persons under 14 
years of age. 

3. For young persons 14 years of age and upwards exceptions 
are allowed : 

(a) In cases of force majeure, or exceptional circumstances. 

(b) In industries the materials of which are of a highly 
perishable nature, in order to prevent serious damage. 

4. Night- Work is absolutely forbidden in all places where 
goods are exposed for sale, hotels and public-houses, as well 
as in counting-houses attached to commercial and industrial es- 
tablishments where Night- Work is forbidden. 

5. The night's rest shall last at least 11 hours, and shall in all 
cases include the period from 10 p. m. to 5 a. m. 

6. Provision may be made for periods of transition. 

7. The International Association expresses its hope that 
inspection will be efficiently carried out. 

8. The meeting instructs a Commission to ascertain by what 
methods practical effect can be given to the above resolutions. 
This Commission shall present a report within two years. Each 
Section has the right to nominate two delegates to this Commis- 
sion and to name experts from amongst employers and workmen 
to assist at the deliberations of the Commission. 

The Governments will have timely notice of all impending sit- 
tings of the Commission in order that they may be able to send 
representatives. 

265 



THE INTERATIONAL PROTECTION OF LABOR 

VI. Legal Maximum Working Day. 

The International Association is of opinion : 

1. That the determination by law of a maxijnum period of 
daily work is of the highest importance for the maintenance and 
promotion of the physical and intellectual welfare of workmen 
and employees. 

2. That, over and above limitations of hours of work brought 
about by the efforts of Trade Unions, the intervention of the 
legislature is necessary in order to set a limit to daily hours of 
work in general. 

3. That, to enable the Association to judge as to the ex- 
pediency of international agreements on this subject, it is de- 
sirable that the International Labour Office should lay before 
the next Delegates' Meeting a report concerning — 

(a) The actual hours of work of adult workmen and em- 
ployees. 

(b) The effects, especially on the productive capacity of 
workmen and technical improvements, of those limitations which 
have been already brought about either by law, special order ,or 
the initiative of employers or trade unions. 

The International Labour Office is authorized to limit this 
investigation to particular branches of industry if a general in- 
vestigation should be found disproportionately beset with diffi- 
culties. 

VII. Home Work. 

The Association is of the opinion that the bad conditions shown 
to exist in home industries necessitate State intervention. 

The sections are requested: 

A. (a) To urge upon their respective Governments the en- 
actment of legal provisions requiring employers (undertakers or 
sub-contractors) : 

(i) To keep a register of all workers employed by them 
outside their premises, and to hold it at all times at the disposal of 
the public authorities. 

(2) To provide each person, when the work is given out, 
with exact written particulars of the piecework rates and the cost 
of materials, and to post the rates of pay current in the busi- 
ness on a notice affixed in all pay offices. 

(b) To consider the means of procuring a wide publicity for 

266 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

the information concerning wages obtained by legal provisions as 
recommended above. 

B. To promote the extension to out-workers of legal pro- 
visions relating to inspection of workplaces, as well as of systems 
of workmen's insurance. 

C. To demand, in the interests both of the public and of the 
workers, the most stringent enforcement of existing sanitary 
laws and bye-laws in unhealthy workrooms where home work 
is carried on, and to promote such regulations where they do not 
yet exist. 

D. To initiate and encourage the formation and active work 
of trade unions among home workers, buyers' leagues, etc., with 
a view to promoting private initiative. 

E. The Board is instructed to indicate, with the co-operation 
of a sub-committee: 

a) The branches of domestic industry in each country, the 
products of which compete in the world's markets with those of 
other countries ; the field of such competition ; and the conditions 
of work and organization in the industries in which such com- 
petition is found. 

(b) Those home industries in which the absence of sick in- 
surance, long hours of work (especially of women and children), 
inadequacy of wages, periodic slackness of work, call most ur- 
gently for measures of protection for the workers. 

VIII. Industrial Poisons. 

I. With the object of carrying out Resolution IV, A. I, passed 
at the Delegates' Meeting, 1904, the Association requests the 
Board to invite the Sections to nominate as soon as possible ex- 
perts to institute investigations in their respective countries, and 
to report before January i, 1908, at latest, on the best methods 
of combating the dangers attendant on the manufacture and 
use of lead paints and colours, especially in the ceramic and the 
polygraphic industries. 

These reports shall be sent to the International Labour Office, 
which shall proceed to appoint three experts of three different 
nationalities. These experts shall draw up a final report based 
upon those presented. 

The Board is requested to place at the disposal of the Com- 

267 



THE INTERNATIONAL PROTECTION OF LABOR 

mission of three any of the essays entered for the prize com- 
petition which it considers might be of service to them. 

2. The several Sections are requested by the Board to submit 
reports on the prohibition of the use of lead paints and colours 
before March i, 1908, at latest. These reports should state 
vi^hether such prohibition is enacted by law or by special order, and 
whether it applies to public or private works only or to both; 
they should contain information as to the effects of the prohi- 
bition, and as to experiments which might with advantage be 
made with leadless colours. 

3. With a view to carrying out Resolution B (b) passed by 
the Delegates' Meeting, 1904, the Commission recommends the 
appointment of three experts of three different nationalities, 
whose duty shall be to draw up a final statement, based on 
the lists provided by the Sections, of the most important indus- 
trial poisons arranged in order of the degree of danger attending 
their use. 

4. The Delegates' Meeting of the International Association 
for Labour Legislation expresses the hope that the Governments 
which have not signed the convention concerning the prohibition 
of the use of white phosphorus will, in the near future, adhere to 
this measure for securing the health of the workers. The As- 
sociation urges the Sections in these countries to undertake the 
necessary inquiries, and to exert themselves to the utmost to 
promote the introduction of the aforesaid prohibition. 

IX. Workmen's Insurance. 

The International Association for Labour Legislation con- 
cludes from the reports of the various Sections that it is possible 
to establish the principle of the equality of foreigners and natives 
as regards insurance by means of an International Convention. 

The Sections are therefore requested : 

( 1 ) To present to the next Delegates' Meeting a Draft of an 
International Convention, concerning, in the first place, accident 
insurance, which would establish this principle both as regards 
the amount of the indemnity and the conditions of procuring the 
same. 

(2) To continue to work by means of National Legislation 
or International Treaties, towards the realisation of this princi- 

268 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

pie, until it is fully recognized by an International Convention. 

(3) To report to the next Delegates' Meeting what degree 
of modification or addition by further enactments would be re- 
required to bring the laws of their respective countries into cor- 
respondence with the principle laid down. 

(E. B. English Bulletin of the International Labor Office I,. 
(4-8) pp. 318,322). 

EXHIBIT 16. 

Resolutions of the Fifth Delegates' Meeting (Lucerne, Sept. 28- 

30, 1908). 

I. International Conventions. 

The Board of the International Association is requested to con- 
vey, after December 31st, 1908, the thanks of the Association to 
the Governments of those States which shall then have ratified 
the labour conventions signed at Berne on September 26th, 1906. 

The Board is requested to transmit to the Government of 
Sweden a memorandum expressing the thanks of the Association 
for the efforts made in the matter of the ratification of the 
Berne Convention relating to the night work of women ; regretting 
that these efforts were not successful; and expressing the hope 
that when further steps are taken, the desired result will be at- 
tained. 

II. Finances, Bulletin, Staff Regulations, Library, etc. 
A. Finances. 

1. The Fifth Delegates* Meeting adopts with pleasure the re- 
ports of the Board, the Treasurer and the International Labour 
Office, and expresses its thanks for their work. 

2. The Treasurer's financial statements, being duly audited, 
are adopted. 

3. The Budget for 1909 and 1910 is adopted, subject to the 
following modifications : 

The item for printing ("Bulletin") shall be increased to 18,000 
francs, out of which 4,000 francs shall be devoted annually to- 
wards the expenses of the English edition. A further sum, not 
to exceed 2,000 francs annually shall be granted, if necessary, to 
meet any deficit in respect of the English edition. A sum not 

269 



THE INTERNATIONAL PROTECTION OF LABOR 

exceeding 2,0000 francs shall also be granted to meet any deficit 
in respect of the English edition during 1908. 

B. Bulletin of the International Labour Office. 

1. Until the financial position of the Association shows a fur- 
ther improvement, the Board is requested to refrain from en- 
larging the "Bulletin." 

2. The Board is recommended to take all possible steps to 
secure the prompt and regular publication of the "Bulletin/* and 
to reduce the expenses as far as possible. 

C. Pension Insurance of the Employees in the International 
Labour Office. 

The Fifth Delegates' Meeting approves the regulations for the 
insurance of the employees, with the following amendments : 

1. The first sentence of clause i shall read as follows: "The 
International Association for Labour Legislation shall be the 
insuring party through the Board." 

2. Clause 5 shall read as follows : "In the event of a contract 
of employment being ended either on the part of the Labour 
Office or on that of an employee, the policy of the employee who 
thus leaves the service of the Association shall under all cir- 
cumstances be handed over to the employee as his own property." 

3. Clause 6 shall be omitted. 

D. Salaries of the Employees of the International Labour Of- 
fice. 

The meeting approves the scheme relating to salaries with tho 
following amendments: 

1. Clause 3 par. 2, shall be omitted. 

2. Clause 6 shall read as follows: "In exceptional cases the 
Board may grant special payment, if an employee works over- 
time at the request of the director for four or more weeks, aris- 
ing out of stress of work or other causes." 

3. Clause 7 shall be omitted. 

E. Catalogue of the Library of the International Labour Of- 
fice. 

The Labour Office is requested to do its utmost to expedite the 
compilation of the subject catalogue of the library, and, on 
request, to allow copies of any sections of this catalogue to be 
made at the expense of persons desiring the same. 

270 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

F. Place and Time of the Next Meeting. 

The Delegates' Meeting resolves the next (Sixth) Delegates' 
Meeting of the International Association shall be held in the 
autumn of 19 lo at Lugano. 

III. Administration of Labour Laws. 

In pursuance of the resolutions of the Fourth Delegates* Meet- 
ing relating to the Administration of Labour Laws, the Meeting 
resolves as follows: 

1. The International Labour Office is requested to complete the 
preliminary report on the administration of labour laws, and to 
submit the same for criticism to the Governments and Sections 
concerned. 

2. The International Labour Office shall draw the attention 
of the Governments to the report when completed. Suitable 
steps shall be taken to make the report as widely known as 
possible among the general public. 

3. The International Labour Office is requested to report from 
time to time to the Delegates' Meetings on any changes introduced 
affecting the administration of labour laws. 

IV. Employment of Children. 

The Sections are requested to seek means to secure, as f|r as 
possible, the complete prohibition of child labour, and, in so 
doing, to be guided by the following principles : 

1. The employment of children to be subject to regulation in 
all occupations carried on for purposes of gain. 

2. Such regulations to apply to all children employed ; in agri- 
culture, a distinction to be made between children working for 
their parents and for strangers respectively. 

3. Children not to be employed for purposes of gain during 
school age ; in so far as school attendance is not compulsory, em- 
ployment to be permitted on the conclusion of the fourteenth year 
of age, or, in agriculture, of the thirteenth year. 

V. Night Work of Young Persons. 

The Delegates' Meeting leaves it to the Board of the Associa- 
tion to choose the occasion for proposing to the Governments the 
conclusion of an international agreement relating to the prohi- 
bition of the night work of young persons, but hereby adopts the 
following definite proposals which, In the opinion of the meeting, 
could be introduced in the present state of affairs. 

271 



THE INTERNATIONAL PROTECTION OF LABOR 

The Meeting resolves, at the same time, to leave the Special 
Commission appointed in pursuance of Resolution V (8), of the 
Fourth Delegates' Meeting, constituted as at present, with the 
duty of continuing the collection and compilation of data bearinij 
on the possibility of prohibiting the night work of young persons, 
until the time is ripe for approaching the Governments on the 
matter. It shall be, in addition, the duty of the Commission to 
inquire whether the technical development of any branches of 
industry has, in the meantime, advanced sufficiently to admit of 
the further extension of the proposed prohibition of the night 
work of young persons. The Board is requested to issue jointly 
with a sub-committee to be elected from amongst the members 
of the Special Commission, a publication setting forth the actual 
conditions under which the night work of young persons is carried 
on in the various countries, and the possibility of doing away 
with such night work (as was done as regards the prohibition of 
the night work of women). 

The definite recommendations of the Delegates* Meeting on this 
subject are as follows: 

1. The night work of young persons to be, in general, pro- 
hibited in the industrial occupations until the conclusion of the 
eighteenth year of their age. 

2. The prohibition to be absolute until the conclusion of the 
fourteenth year of their age, and until they are exempt from 
school attendance. 

3. Night work may be permitted for young persons over 
fourteen : 

(a) In cases of force majeure when the manufacturing pro- 
cess is subjected to an interruption impossible to foresee, and not 
of a periodical character ; 

(b) In industries where the materials used, whether as raw 
materials or in any manufacturing process, are of a highly perish- 
able nature, where necessary, in order to prevent damage to the 
materials in question. 

(c) In the glass industry, in the case of young persons em- 
ployed in "gathering" the liquid glass from the furnaces, pro- 
vided that : 

I. The period of their employment at night shall be limited by 
law, and 

272 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

2. The number of young persons so employed is limited to that 
required for the purpose of training the necessary number of 
skilled workmen. 

This exception to be allowed only as a temporary measure; 

(d) In iron works, for young persons employed in rolling, 
provided that they are over sixteen years of age. 

4. The Delegates' Meeting expresses no opinion on the reso- 
lution adopted at Geneva, in 1906, recommending that night 
work should be absolutely forbidden "in all places where goods 
are exposed for sale, hotels and public houses, as well as in count- 
ing houses, etc/^ and refers the same back to the Special Commis- 
sion for consideration. 

5. The night's rest shall last at least eleven hours, and shall, 
in all cases, include the period from 10 p. m. to 5 a. m. 

6. Provision may be made for periods of transition. 

7. The Delegates' Meeting expresses the hope that inspection 
will be efficiently carried out. 

8. The Delegates' Meeting maintains that the regular night 
work of young persons is always to be regarded as an abuse, 
which, in principle, should not be tolerated in any circumstances. 
Until it is possible to abolish such night work entirely by means 
of an international agreement, the Meeting invites all the na- 
tional Sections to work actively to secure the removal or diminu- 
tion of this abuse. 

VI. Maximum Working Day. 

In pursuance of the principles adopted by resolution of the 
Fourth Delegates' Meeting, held at Geneva, respecting the maxi- 
mum working day, namely: 

"i. The determination by law of a maximum period of daily 
work is of the highest importance for the maintenance and pro- 
motion of the physical and intellectual welfare of workmen and 
employees. 

"2. Over and above limitations of hours of work brought 
about by the efforts of Trade Unions, the intervention of the 
legislature is necessary in order to set a limit to daily hours of 
work in general." 

The Delegates' Meeting resolves : 

I. As regards the employment of women: 

273 



THE INTERNATIONAL PROTECTION OF LABOR 

The period of employment for all women subject to the pro- 
visions of the Berne Convention on the Night Work of Women, 
to be limited by international agreement to ten hours. This legal 
maximum period of employment to be introduced by degrees. 

2. As regards male workers in the textile industry : 

The same maximum of ten hours to be introduced by degrees 
for men employed in the textile industry. 

3. As regards persons employed in coal mines: 

(a) A maximum eight hours day to be introduced for all 
workmen employed below ground. 

(b) The Board is requested to appoint a Commission to de- 
termine what shall be the technical definition of an "eight hours 
shift." 

4. As regards the period of employment in smelting works, 
rolling mills, and glass works : 

(a) In view of the fact that the information compiled is still 
incomplete, the Labour Office is requested to continue the study 
of this question. 

(b) The Governments should be urged to institute inquiries 
into the period of employment in these industries. 

(c) The Sections are requested to procure in their respective 
countries expressions of opinion from technical experts in the 
branches of industry concerned on the best methods of regulating 
hours of work. 

VII. Homework. 
A. General. 

1. The Delegates* Meeting draws further attention to, and re- 
affirms the measures recommended at Geneva in 1906 (Compul- 
sory registration, publication of wage lists, extension of inspec- 
tion, social insurance, sanitary regulations, promotion of trade 
organizations consumers* leagues etc.). 

2. The Delegates* Meeting is of the opinion that in introducing 
the above measures and those recommended below, consideration 
must always be given to the special characteristics of the various 
domestic industries. 

3. The Delegates' Meeting considers that bad conditions in 
home work are due primarily to inadequacy of wages, and that, 
consequently, it is of the first importance to find means of raising 
wages. 

274 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED ' 

To this end the Delegates' Meeting — 

(a) Urges the formation of trade organizations amongst 
home workers, the conclusion of collective agreements, and the 
legal recognition of such agreements in countries where the law 
fails at present to recognize the same; 

(b) Requests the Sections to make inquiries as to how far it 
would be practicable to introduce in their respective countries a 
law gi\mg the Courts power to annul agreements for starva- 
tion wages and wage agreements of an usurious nature, and to 
punish employers who conclude such agreements ; 

(c) Requests the Sections — 

(i) To study the question of the organization of wages 
boards ; 

(2) In cases where trade organization has proved unwork- 
able, and where conditions permit, to invite their Governments 
to try the introduction of minimum wages by appointing joint 
wages boards to determine rates of wages; for this purpose use 
could be made, if desired, of the provisions of the English bill 
on the subject. Any such experiment sl.iould be made first in 
those domestic industries where it could apparently be most 
easily enforced, and where the work in question is the main oc- 
cupation of the majority of the persons concerned; 

(3) To report to the Association on the results attained; the 
British Section is, in particular, requested to report regularly on 
experience gained in the United Kingdom. 

4. In view of the wide scope of the home work problem, the 
Delegates' Meeting is of opinion that it is not at present practica- 
ble to consider all the other measures proposed, especially the ex- 
tension of labour laws to home work. The consideration of these 
questions is, therefore, postponed to a future meeting. 

5. The Delegates' Meeting invites the National Sections to 
study means whereby it may be rendered possible in practice to 
subject home workers to factory legislation (normal periods of 
employment, hygiene and security in workplaces). For this pur- 
pose existing legislation and legislative proposals should be taken 
into consideration. 

B. Machine-Made Swiss Embroidery (Schifflistickerei). 
The Delegates' Meeting requests the German, Austrian, Ameri- 

27s 



THE INTERNATIONAL PROTECTION OF LABOR 

can, French, and Swiss Sections to investigate the question 
whether the regulations relating to conditions of work in the em- 
broidery trade proposed in the memorial drafted by the Board, 
could be made the basis of international negotiations, bet ween the 
countries concerned. The Sections in question are requested to 
report to the Board, who will then decide whether a special com- 
mission should be convened to consider the matter. 
VIII. Industrial Poisons. 

A. White Phosphorus. 

The Delegates' Meeting thanks the Austrian and British Sec- 
tions for their scientific work, their effiorts to arouse public opin- 
ion, and their Parliamentary activities, as a result of which the 
adhesion of their Governments to the convention prohibiting 
the use of white phosphorus is expected. The Meeting also thanks 
the Spanish and Hungarian Sections, which, with a like end in 
view, have instituted inquiries and presented petitions. The Board 
is instructed to express the thanks of the Association to the Gov- 
ernments in questions, as soon as the prohibition in question is 
introduced, and to thank the British Government without delay 
for introducing a Bill to prohibit the manufacture and importa- 
tion of white phosphorus matches, and also the Austrian House 
of Representatives for the resolutions it has adopted in this 
sense, and the Austrian Government for their sympathetic atti- 
tude. 

The Board is requested to continue its efforts in those coun- 
tries which have not yet joined in the Berne Convention, es- 
pecially in Belgium and Sweden. 

The dangers to the consumer attached to the use of white 
phosphorus matches make it desirable for countries where such 
matches are not produced, but only imported (e. g., Australia), 
to prohibit their importation. Such prohibition would incidentally 
facilitate the introduction of the prohibition in countries which 
have, as yet, refused to adhere to the Berne Convention merely 
out of consideration for their export trade. 

B. Lead. 

I. Painting and Decorating. 

The Delegates' Meeting repeats the wish, expressed at previous 
meetings, that the use of lead paints and colours should be pro- 

276 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

hibited. In particular, the Meeting is decidedly of opinion that, 
according to present-day experience, the use of white lead can 
be dispensed with for internal painting and decoration, and 
could, therefore, be prohibited. As regards the use of lead paints 
and colours for all other classes of painting, in particular the use 
of white lead for external painting and of red lead for other 
classes of work, the Meeting considers that it would be ad- 
visable for the Governments to institute experiments respecting 
the possibility of prohibiting its use. The Meeting draws further 
attention to the Geneva resolution inviting the Sections to re- 
port to every Delegates' Meeting on the state of affairs in their 
respective countries. 

Until a general prohibition of lead paints and colours is in- 
troduced, all vessels and cases in which substances containing 
lead are distributed for purposes of trade or use, should be mark- 
ed in an unmistakable manner, so as to show that their contents 
contain lead and are poisonous. Workmen employed in prepar- 
ing or manipulating paints and colours containing lead should 
always have their attention drawn to the danger of poisoning. 

All workmen so exposed to danger, even those employed in 
small workshops and those who do not work in a definite 
establishment, should be medically examined at regular inter- 
vals. 

2. Ceramic Industry. 

The Delegates' Meeting resolves that an International Com- 
mission, consisting of three experts, be appointed, with the duty 
of compiling regulations for the prevention of lead poisoning in 
the ceramic industry. The results arrived at by this Commission 
shall be submitted to the national Sections for consideration at 
least one year before the convocation of the next Delegates' Meet- 
ing. The criticisms of the Sections shall be forwarded within six 
months to the Commission, who shall hand in their final draft to 
the Board within the following three months. 

The following principles shall be taken as the basis of the 
deliberations of the Commissions: 

I. The use of lead glazes to be restricted as far as possible. 
To this end the Governments should encourage and promote the 
introduction of leadless glazes by official researches undertaken 

277 



THE INTERNATIONAL PROTECTION OF LABOR 

in collaboration with the interested parties, and, in general, pro- 
mote technical and hygienic improvements in the ceramic indus- 
try through the medium of technical schools and lectures. 

2. In so far as lead glazes necessarily continue in use, soluble 
lead constituents should be replaced by well fritted and, as far as 
possible, insoluble compounds. 

3. The preparation of lead fritts and glazes should be effect- 
ed as far as possible in special glaze factories, or in perfectly 
adapted glaze departments of large firms. 

4. In small potteries with low temperature furnaces, either 
well fritted glazes or galena (not red lead or litharge) should 
be used, according to .technical requirements. Further, in the 
very smallest undertakings (domestic industry) workrooms 
should be separated from dwelling-rooms. 

5. Even where carried on as a domestic industry, the ceramic 
industry should be subject to industrial inspection. 

3. Polygraphic Industry. 

The Delegates' Meeting resolves to appoint another Interna- 
tional Commission, consisting of three experts, to prepare regu- 
lations for the prevention of lead-poisoning in the polygraphic 
industry. As in the case of the Commission on the ceramic 
industry, this Commission shall report on the polygraphic industry 
to the national Sections one year before the next Delegates' Meet- 
ing. The criticisms of the Sections shall be forwarded to the 
Commission within six months, and the Commission shall hand in 
its final report to the Board within the following three months. 

The principles laid down in the prize essays and those pur- 
chased, and in the reports presented by the Sections, and the 
recommendations set out below, shall be taken as the basis of the 
deliberations of the Commission as far as concerns the typo- 
graphical industry. 

Experience has shown the excellent working of the general 
hygienic provisions regulating conditions of work in the letter- 
press printing trade contained in the German Order. But these 
provisions would need to be extended and supplemented In order 
to be applicable under present conditions in all countries. In 
particular, the questions of cleanliness and ventilation, and of 
temperature in rooms where lead is melted for type-setting 

278 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

machines, stereotyping, or type-founding need to be regulated in 
detail. Further, it would seem desirable to prohibit eating and 
smoking in workrooms, to prohibit the employment of women in 
typefounding, and to introduce provisions requiring type cases 
to be cleaned by suction. Provisions regulating the use of lead 
colours, similar to those proposed for painting and decorating, 
should be introduced also in the polygraphia industry. Lead 
and bronze dust generated in processes regularly carried out, 
should be drawn off by an apparatus from which the dust cannot 
escape. As a general rule, the different branches of work in the 
polygraphic industry should be carried on in separate rooms. 

C. List of Industrial Poisons. 

The Delegates* Meeting resolves that the list of poisons drawn 
up by Professor Sommerfeld be referred to the Sections for 
consideration. 

IX. Working in Caissons. 

The Delegates* Meeting resolves to entrust, at an early date, 
the compilation of a comprehensive report on work in caissons 
to a small Special Commission of experts. This Commission 
shall present its report to the Board for the use of the Sections 
within one year at latest. 

X. Workmen's Insurance: Treatment of Foreigners in Case 
of Accident. 

I. In pursuance of Resolution IX adopted at Geneva, the 
Delegates* Meeting expresses the wish, that, either by national 
legislation, by treaties between two States, or by a general Inter- 
national Convention brought about by the initiative of the Govern- 
ment of one such State; the principle of equal rights for foreigners 
and subjects of a State should be brought into force, not only 
as regards the amount of compensation payable, but also as re- 
gards the conditions for receiving the same. 

To this end the Meeting recommends adoption of the following 
principles already embodied In certain treaties now in force: 
Cf. Treaty between France and Italy dated April 15, 1904 
Cf. Treaty between Belgium and Luxemburg dated April 15, 1905 
Cf. Treaty between Germany and Luxemburg dated Sept. 2, 1905 
Cf. Treaty* between France and Belgium dated Feb. 21, 1906 
Cf. Treaty between Belgium and Luxemburg dated May 22, 1906 
Cf. Treaty between France and Italy dated June 9, 1906 
Cf. Treaty between France and Luxemburg dated June 27, 1906 
Cf. Treaty between Germany and Holland dated Aug. 27, 1907 

279 



THE INTERNATIONAL PROTECTION OF LABOR 



(a) Foreigners meeting with industrial accidents and their 
dependants to be placed in the same position as subjects of a State, 
in respect of compensation for injuries resulting from such ac- 
cidents, both as regards the amount and the conditions under 
which it is payable. 

(b) In the case of transport undertakings extending over 
two countries, the law of the country where the undertaking has 
its domicile shall apply in respect of the travelling staff, regard- 
less of the relative extent of the business done in the two countries 
respectively. 

The travelling staff remain under the said law, even though 
occasionally employed in work which is attached to some other 
department of the undertaking. 

(c) Similarly in the case of undertakings carried on in both 
countries, the law of the country where the undertaking is domi- 
ciled shall continue to apply in the case of workmen and em- 
ployees who are only temporarily employed, and that for less 
than six months, outside the country where the undertaking is 
domiciled. 

(d) If an industrial accident occurs for which compensation 
is undoubtedly payable, but a doubt arises as to who is liable to 
pay the compensation or as to which legislation should apply, the 
insurer who is first concerned with the case shall pay compen- 
sation provisionally to the person entitled to receive the same, 
until the incidence of the liability is finally determined. 

Provisional compensation so paid shall be reimbursed by the 
person found liable to pay the compensation. 

(e) In enforcing the laws in question, the official bodies con- 
cerned shall render each other mutual assistance. 

They shall be bound to make the necessary inquiries for the 
determination of the facts of any case. 

The procedure for dealing with cases of accidents to foreigners 
should be made as simple and expeditious as possible. 

(f) Documents, certificates, etc., drawn up and delivered by 
one State to another in administering laws relating to industrial 
accidents, shall not be subject to any fees or taxes beyond those 
which would have been imposed, under the circumstances, in the 
country of origin. 

280 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 



2. The Delegates* Meeting requests the Sections of those coun- 
tries which are backward in the matter of treaties respecting the 
insurance of foreign workmen, to promote the conclusion of such 
treaties as soon as possible, and, in order to facilitate their work, 
to enter, if possible, into communication with the Sections of the 
Association in the other countries concerned. 

(Publications of the International Association for Labor Legis- 
lation: No. 6. pp. 1 1 1- 1 2 1.) 

EXHIBIT i; 

Resolutions of the Sixth Delegates' Meeting at Lugano (Sept. 

26-28, ipio.) 



SUMMARY. 



II. 



III. 

VI. 

V. 



International Labour Con- 
ventions of Berne, 1906. 
New Sections and Constitu- 
tions of Sections, Finances 
and "Bulletin," Co-operation 
with other International As- 
sociations, Exhibitions of 
Hygiene at Dresden and 
Rome, Place and Date of the 
next Meeting. 

Administration of Labour 
Laws. 

Child labour. 
Maximum working day. 

A. Ten hour maximum 
working day for women 
in estiilblishments employ- 
ing ten or more workers. 

B. Ten hour maximum 
working day for young 
persons. 

C. Ten hour working day 
for men in textile indus- 
tries. 

D. Working day in continu- 
ous processes. 



VII. 
VIIL 



IX 



X. 



XL 



XIL 



Eight-hour shift In mines. 
F. Hours of work In special- 
ly dangerous industries. 
Workmen's holidays. 
Homework. 

A. General. 

B. Machine-made Swiss em- 
broidery. 

Industrial poisons. 

A. White phosphorus. 

B. Lead. 

(a) Painting and deco- 
rating. 

(b) Ceramic industry. 

(c) Polygraphic industry 

C. Protection of homework- 
ers from industrial poi- 
sons. 

Work in compressed air. 

A. Work in caissons. 

B. Divers. 

The protection of railway 
servants and prevention of 
accidents. Automatic coup- 
ling. 
Workmen's insurance. 



NB. Subjects newly Introduced In the programme of the Association are 
marked #. Items of the Lugano programme are marked :^:^- 

281 



THE INTERNATIONAL PROTECTION OF LABOR 

I. INTERNATIONAL LABOUR CONVENTIONS OF 
BERNE, 1906. 

( 1 ) The Bureau is instructed to petition the Danish and Span- 
ish Governments to ratify at an early date the Berne Convention 
of September 26th, 1906, respecting the night work of women. 

The Bureau is instructed to take appropriate measures to secure 
the accession of Norway, Russia and Finland, Turkey, East India, 
the Australian and Canadian Colonies, and South Africa, to this 
Convention. 

(2) The Delegates* Meeting expresses its most cordial thanks 
to the French, British and Dutch Governments for the adhesion 
of their colonies and protectorates to the Berne Convention of 
September 26th, 1906, respecting the prohibition of the use of 
white (yellow) phosphorus in the match industry, to the Aus- 
tralian Commonwealth for prohibiting the use of white phospho- 
rus, to the American Section for its efforts in this direction in the 
United States, and to the Hungarian Minister of Commerce who 
has announced that the prohibition of white phosphorus will most 
probably be introduced in Hungary at an early date. 

The Bureau is instructed to persevere in its efforts to procure 
the adhesion of countries which have not yet joined the Conven- 
tion and, especially Belgium, Norway, Sweden, India, South 
Africa and Japan. 

II. NEW SECTIONS AND CONSTITUTIONS OF SEC- 
TIONS. FINANCES AND "BULLETIN." CO-OPERA- 
TION WITH OTHER INTERNATIONAL ASSOCIA- 
TIONS. EXHIBITIONS OF HYGIENE AT DRESDEN 
AND ROME. PLACE AND DATE OF THE NEXT MEET- 
ING. 

A. New Sections and Constitutions of Sections. 

The constitutions of the Norwegian and Swedish Sections are 
approved. 

B. Finances and "Bulletin." 

(i) The Delegates' Meeting acknowledges with satisfaction 
the reports of the Bureau, the Treasurer, and the International 
Labour Office, and thanks them heartily for their activity. 

(2) The treasurer's accounts, vouchers and cash have been 
audited and found correct. 

(3) The Budget for 1910 and 191 1 is approved. The Meeting 

282 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

approves the advance payment of 3000 frs., requested and made in 
consequence of the issue of the EngHsh edition of the ''Bulletin" 
having been expedited. In renewing contracts for the publica- 
tion of the "Bulletin" every effort shall be made to reduce the 
cost of printing. 

(4) The Delegates' Meeting expresses to the Government of 
the United States its hearty thanks for the increase in its appro- 
priation. 

(5) The Delegates' Meeting instructs the Bureau to express 
to the British Government its hearty thanks for sending official 
representatives, and, at the same time, to convey to it, by these 
delegates, a request that the British Government may make a 
contribution towards the expenses of the International Labour 
Office, as is done by the Governments of all the industrial States 
of Europe and by the United States of America. This request 
shall emphasize the fact that such a contribution will be mainly 
applied to meeting the expenses of the English edition of the 
''Bulletin," which is translated and printed in England. In case 
the Government of Great Britain should make an appropriation 
for the International Labour Office, the Bureau is authorized, in 
its discretion, to contribute towards the expenses of translating 
the "Bulletin" into English a sum not exceeding in any year the 
sum actually received from the British Government. 

C. Co-operation with other International Associations. 

The Bureau is authorized to enter into communication with 
other Associations whose aims are similar to those of the Inter- 
national Association for Labour Legislation, in order to come to 
an understanding regarding any financial or economic questions 
in which they may have a common interest. 

D. International Exhibitions at Dresden and Rome. 

The Delegates' Meeting leaves the Bureau free to exhibit at the 
Exhibitions of Hygiene at Dresden and Rome any statistical tables 
or publications relating to industrial hygiene. 

E. Place and Date of the Next Meeting. 

The Delegates' Meeting resolves that the next (Vllth) Dele- 
gates' Meeting of the International Association shall take place 
in the autumn of 19 12 in Zurich. 

HI. Administration of Labour Laws. 

283 



THE INTERNATIONAL PROTECTION OF LABOR 

(i) The Delegates' Meeting takes note of the proof of the first 
comparative report drawn up by the International Labour Office 
on the measures adopted in European countries to enforce labour 
laws. This proof shall be submitted to the Sections with a view 
to its being amended and supplemented. 

#(2) The Bureau is instructed to request the Governments, 
with a view to making the administration of labour laws in the 
different countries comparable, to supply data at least on the 
following points: 

1. The nature and number of the establishments subject to in- 
spection and of workers affected : 

2. The number of establishments actually inspected and of 
workers affected; 

3. The number of visits of inspection paid by inspectors, dis- 
tinguishing visits paid at night; 

4. The number of cases where persons were cautioned or 
where penalties were imposed for infringements of the law ; 

5. The nature and results of arrangements for securing the 
co-operation of the workers in the enforcement of the law : 

(a) By including workers in the staff of inspection; 

(b) By the institution of regular relations between the in- 
specting staff and organized and unorganized workers ; 

(c) By giving workmen's trade unions the right to take legal 
proceedings. 

The data desired under i to 3 above should be classified accord- 
ing to industries. 

The headings of the tables in inspectors' reports should be 
given in one of the three principal languages. 

## IV. CHILD LABOUR. 

A special Commission is appointed with instructions to examine 
the execution, in the several countries, of the laws for the pro- 
tection of child labour, and to prepare a comprehensive compila- 
tion of the results of the investigations undertaken by the Sec- 
tions in pursuance of the Lucerne resolutions. 

# # V. NIGHT WORK OF YOUNG PERSONS. 

Being convinced that the Lucerne resolutions form an ade- 
quate basis for the international regulation of the night work of 
young persons, the Delegates' Meeting instructs the Bureau to 

284 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

request the Swiss Federal Council to invite the Governments to 
an international Conference on the subject. 

The Meeting instructs the Sub-Commissions to continue its 
work in pursuance of the Lucerne resolutions and to inquire 
whether the exceptions to the prohibition of the night work of 
young persons declared by the Lucerne resolutions to be permissi- 
ble could not be further limited in the case of young persons em- 
ployed in glass works and rolling mills. These investigations shall 
be continued until such time as the request for the international 
regulation of the question shall be presented to the Swiss Federal 
Council. 

Being convinced that it is reasonable to determine a definite 
period for the application of transitory provisions, the Delegates' 
Meeting resolves that Resolution V, 6, of the Lucerne resolutions 
shall read as follows : 

"Any transitory provisions applicable to rolling mills and glass 
works, contained in an international convention for the regula- 
tion of the night work of young persons, should apply only for 
a definite period, which it is suggested should be fixed at five 
years." 

The Meeting is of opinion, that, in the absence of sufficient in- 
formation, it would not be expedient to include in an international 
convention the question of the night work of young persons in 
hotels, restaurants and public houses, shops and o^ces. Notwith- 
standing, the Meeting wishes to draw the attention of the various 
National Sections to the interest which every country has in the 
legal limitation of the night work of young persons of both sexes 
in these occupations. 

VL MAXIMUM WORKING DAY. 

##A. Ten Hour Maximum Working Day for Women in Es- 
tablishments Employing Ten or More Workers. 

The Delegates' Meeting confirms the resolutions of the Fifth 
Delegates' Meeting, and, in view of the fact that several States 
have by national legislation introduced the ten hour working day 
for women, believes that the time has come to extend this ten 
hour working day to all States by international treaty, at least in 
the case of establishments employing ten or more workers. 

The Bureau is authorized to take such steps as may be neces- 

285 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

sary to bring about such a treaty, and to draw up a memorandum 
on the subject. 

The Sections shall for this purpose report to the Bureau by 
1st February, 191 1, on the present state of legislation and legal 
decisions on the hours of work of women in their countries. The 
Memorandum of the Bureau shall be laid as soon as possible 
before a Special Commission of five members. 

## B. Ten hour Maximum Working Day for Young Per- 
sons. 

In view of the fact that several States have by national legis- 
lation introduced the ten hour maximum working day for young 
persons, the Delegates' Meeting believes that the time has come 
to extend the same by international treaty to all States. 

The Bureau is authorized to take the steps necessary to bring 
about such a treaty and to prepare for this purpose a Memoran- 
dum which will take into consideration the special circumstances 
in individual States and define exactly any exceptions which may 
be necessary. 

The Sections shall for this purpose report to the Bureau by ist 
February, 191 1, on the present state of legislation and legal de- 
cisions on the hours of work of young persons in their countries. 

The Bureau's Memorandum shall be laid as soon as possible be- 
fore the Special Commission on the maximum working day for 
women. 

C. Ten Hour Working Day for Men in Textile Industries. 

The Commission considers it unnecessary to consider again the 
question of limiting the working day of men in the textile in- 
dustries, since it is of opjinion that the limitation of the working 
day of women necessarily involves the limitation of the working 
day of men. 

It reserves the right, however, to take up the Lucerne resolu- 
tion again, at a later date, if experience should show that this is 
necessary. 

#D. Working Day in Continuous Processes. 

The Delegates' Meeting considers the twelve hour day, which 
is still the general custom in continuous processes, to be injurious 
to health. In particular, working periods of 18, 24 and even 36 
hours (in changing shifts) are to be condemned. 

The Bureau is instructed to appoint a Special Commission as 

286 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

soon as possible and to present to it the material which is now 
available as well as any further material which may be secured 
through the aid of the National Sections. 

This Commission shall report in particular on the following 
points : 

1. On the best methods of arranging shifts; 

2. On the possibility of prohibiting the night work of adults in 
certain continuous processes or of regulating such work where for 
technical reasons work must be carried on at night ; 

3. On the necessity for the international regulation of this 
matter. 

The Delegates* Meeting expects this Commission to prepare 
its report and proposals for reform as soon as possible, and at any 
rate in time for the next Meeting. A Sub-Commission may be 
appointed if necessary to investigate the conditions of certain in- 
dustries, such as the iron and glass trades. 

E. Eight-hour Shift in Mines. 

In pursuance of the resolutions of the Fifth Delegates' Meeting 
of the International Association for Labour Legislation with re- 
gard to the definition of the eight-hour shift for workmen em- 
ployed below ground in coal mines, the Sixth Delegates' Meeting 
is of opinion that the length of a shift should be reckoned as the 
period between the time when the first man of such shift to de- 
scend leaves the surface until the time when the first man of the 
shift to return completes his ascent to the surface. 

The Bureau is requested to recommend to the various States 
to take this definition as the basis of their legislation regulating 
the duration of shifts. 

In applying the above definition, the Sixth Delegates' Meeting 
re-affiirms the Lucerne resolution of 1908 recommending the in- 
troduction by law of a maximum eight-hour shift for all urider- 
ground workers in coal mines. 

## F. Hours of Work in Specially Dangerous or Unhealthy 
Industries. 

The Delegates' Meeting re-affiirms the resolution of 1906 and 
at the same time declares that it is desirable for the proper 
authorities to have legal power to regulate the daily period of em- 
ployment of adult men In processes and trades especially danger- 
ous to health. 

287 



THE INTERNATIONAL PROTECTION OF LABOR 

Accordingly the Delegates' Meeting expresses the desire that 
the Bureau will place this subject upon the agenda of the next 
meeting. 

# VII. WORKMEN'S HOLIDAYS. 

The question of holidays for workmen and employees shall be 
placed upon the agenda of the Next Delegates' Meeting. 

The Bureau is instructed to prepare a summary of existing laws 
on this subject in the various countries and to draw up statistical 
tables showing the number of establishments in which holidays 
are allowed, and the numbers of workmen and- employees affected. 

VIII. HOMEWORK. 

A. General. 

(i) The Delegates' Meeting re-affirms the declaration of the 
Delegates' Meeting at Lucerne that the miserable position of the 
home worker is due primarily to inadequate payment and that 
consequently it is of the first importance to find means of raising 
wages. 

Having this end in view : 

I. The Delegates' Meeting recommends afresh the organiza- 
tion of homeworkers in trade unions and the conclusion of collec- 
tive wage-agreements. The Meeting regards the unfettered right 
of combination as th enecessary basis of such collective agree- 
ments. In countries where collective agreements are not yet le- 
gally recognized under existing law, recognition should be secured 
in such a manner as to ensure their legal validity and their exten- 
sion when required to homeworkers in the same occupations who 
were not originally concerned in the conclusion of the agree- 
ments. The Delegates' Meeting urges the National Sections to 
get into touch with existing organizations of workers with a view 
to promoting the conclusion of collective agreements with em- 
ployers' federations. 

II. The Delegates' Meeting recommends the adoption by legis- 
lation of the principle that wage agreements for insufficient 
amounts or of an usurious nature should be null and void, and that 
the conclusion of such agreements should be subject to penalties. 
The Meeting regards this principle as essential, but at the same 
time it recognises that the difficulties of its application are such 
as to prevent its adoption from being in any degree a practical 
solution of the problem. 

288 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

III. The Delegates' Meeting is of the opinion that at the 
present time there is no really effective remedy for the evils of 
home work but the establishment of wages boards such as those 
provided for in the British Act. The Meeting is of the opinion 
that in setting up these wages boards the following principles 
should be observed: — 

(a) The boards should have power to fix minimum rates 
of wages for home workers in certain industries and certain 
districts. 

(b) The average daily earnings of persons employed in 
workshops in the manufacture of the same articles should not 
fall below those of home workers paid under the conditions 
contemplated above. 

(c) The Delegates' Meeting is of the opinion that no legis- 
lation for fixing minimum rates of wages for home workers can 
be effective unless it provides for the imposition of penalties 
upon employers who fail to pay the prescribed rates of wages. 

(d) The Delegates' Meeting is of the opinion that Inspeptors 
should be appointed to enforce the payment of the prescribed 
rates of wages. 

(e) Trade associations of employers and workers should 
have power to take legal proceedings arising out of the legis- 
lation contemplated above. 

(2) The Meeting reiterates and re-affirms the measures 
recommended at Geneva and Lucerne (Compulsory registration, 
publication of wages lists, extension of inspection, social insur- 
ance and sanitary regulations, promotion of trade unions, con- 
sumers' leagues, etc.). 

(3) The Sections shall report to the Bureau every year on 
June 1st on the organisation of wages boards, the methods of 
determining rates of wages and the consequent results, as well 
as on the realisation of the resolutions of the Delegates' Meet- 
ings at Basle, Geneva and Lucerne. The Bureau shall then 
compile a comparative report and incorporate the same with 
future editions of the Comparative Report on the Administration 
of Labour Laws. 

(4) The Delegates' Meeting congratulates the British Gov- 
ernment and Parliament on their successful initiative In the mat- 
ter of the protection of home workers. In addition the Bureau 

289 



THE INTERNATIONAL PROTECTION OF LABOR 

is instructed to express to the British Board of Trade the 
warmest thanks of the Association for the Memorandum on the 
Trade Boards Act presented to the Meeting. 

B. Machine-made Swiss Embroidery. , 

The Delegates' Meeting considers that it is desirable for hourg 
of work in the Machine-made Swiss embroidery trade where 
carried on as a home industry, to be uniformly regulated in all 
the countries concerned. 

The Board is instructed to approach the interested parties 
through the medium of the Sections, and to convene, if possible 
within a year, a meeting of a Special Commission (consisting in 
the first place of representatives of Germany, Austria, Italy, 
France and Switzerland) appointed to report to the next Dele- 
gates' Meeting on appropriate measures to be adopted on this 
matter, including transitory provisions. 

'The Sections concerned are requested, within their respective 
spheres, to take such steps as may seem good to them to secure 
the adoption of a uniform system of regulation and to promote 
at the same time measures for the protection of the home indus- 
try in question, and, in particular, the institution or encourage- 
ment of so-called crisis funds, which could be secured for in- 
stance by an agreement between Switzerland and the district of 
the Vorarlberg where the industry is carried on. 

Should the Special Commission agree in the meantime upon 
such uniform regulations, the Bureau shall have authority, in its 
discretion, to submit the same to the Governments concerned. 

IX. INDUSTRIAL POISONS. 

A. White Phosphorus. 

(See I International Labour Conventions of Berne 1906, 2.) 

B. Lead. 

(a) Painting and Decorating. The Delegates' Meeting is of 
the opinion that the time has come to prohibit the use of lead 
paints and colours for interior work and to require that all 
receptacles containing such colours shall be clearly marked to 
that effect. The Bureau is instructed to approach the National 
Sections on the matter, being guided by the principles set forth 
in the petition submitted to the Meeting. The Sections are re- 
quested to give the petition their active support on its presentation 
to their Governments. 

290 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

(b) Ceramic Industry. The Delegates' Meeting resolves to 
recommend to the Governments, by means of a petition presented 
by the Bureau, the following principles for the regulation of 
hygienic conditions in the ceramic industry. 

Principles for the Regulation of Hygienic Conditions in the Cer- 
amic Industry. 

I. The Governments should take steps towards the abolition 
of the use of lead in the ceramic industry. 
To this end the following measures should be adopted : 

1. In the manufacture of china and earthenware fired at a 
high temperature the use of lead glaze should be prohibited. 

2. As regards the manufacture of earthenware fired at a low 
temperature a provisional list of articles should be drawn up 
which can at the present time, be manufactured without lead. 
This list, which would be subject to extension, should contain 
articles of common use such as pots, washing basins, dishes, 
mugs, bowls, etc., electrical insulators, etc. 

3. As regards the manufacture of common pottery and plain 
stove tiles fired at a low temperature, such as are manufactured 
on the Continent both in small workshops and in the workers' 
homes, litharge and red lead should be replaced by galena or any 
other less dangerous glaze. The preparation and use of unfrit- 
ted glazes and the fritting process should be prohibited in such 
works. 

The following measures would tend to encourage the gradual 
adoption of leadless glazes in the ceramic industry: 

(a) The instruction and assistance of all occupiers in the 
industry wishing to make a practical trial of the use of leadless 
glazes. 

(b) The strict enforcement of hygienic regulations in works 
using lead glazes. 

II. Existing regulations for factories and workshops should 
alone apply to establishments where leadless glazes are exclusively 
and permanently used.# 

Factory Inspectors should have power to take, for purposes 
of analysis at any stage and at -any time, samples of glaze and 
of the substances used in the preparation of the same. 

291 



THE INTERNATIONAL PROTECTION OF LABOR 

III. The following regulations should be adopted in the case 
of works using lead glazes: 

1. The proper authorities shall have power to require, where 
necessary, the glazes used to be modified in order to prevent 
injury to the health of workmen employed in contact with the 
same. 

2. The mixing, grinding and transportation of lead glazes 
as well as the lead used in their preparation, shall be effected 
either in a thoroughly damp state or in apparatus which permits 
no dust to escape. 

3. Frit-kilns must be so arranged that the molten frit can 
flow off into water, and frits must always be drawn off in such 
a manner. 

4. Calcining shall be effected in a place separated from all 
the other workplaces, and exhaust ventilation in good working 
order shall be placed over the openings of the furnace. 

5. Effective exhaust ventilation shall be applied in a suitable 
manner at all points where dust is generated, such as the open- 
ings of grinding and mixing apparatus, of transport apparatus, 
and of frit-kilns, and benches where glazes are applied in a 
dry state, where glazes or colours are applied by dusting, or 
where ware-cleaning is carried on. 

All places where lead glazes or the lead used in their prepara- 
tion are handled must be at least 3.5 metres in height and 15 
cubic metres of air-space shall be allowed for each workman. 

The floor must be impervious and washable, and the walls 
covered to a height of two metres, with a smooth and washable 
coating or paint. 

6. No glazes shall be manufactured or used in living or sleep- 
ing rooms, and no lead glazes or lead used in their preparation, 
or pottery covered with unfired glaze shall be brought into or 
stored in such rooms. 

Where more than five persons are employed full time in an 



# Within the meaning of these provisions leadless non-poisonous glazes 
shall mean all compositions or frits used for glazing in the ceramic indus- 
try which contain not more than 1% of lead. Compositions containing 
no lead compound other than galena shall be held to be leadless. Xu 
other glazes shall be held to contain lead within the meaning of these 
provisions. 

292 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

undertaking the said processes shall not be carried on in living 
or sleeping rooms or in rooms where other work is carried on, 
nor shall glazes, the lead used in their preparation, or pottery 
covered with unfired glaze be brought into or stored in such 
places. 

7. On the conclusion of a suitable period or transition no 
female person shall in any circumstances be employed in any 
kind of work whatsoever which would bring her into contact 
with unfired lead glazes or compounds or with the lead used 
in their preparation. No male young persons under eighteen 
years of age shall be employed in such work except in so far as 
may be necessary for the purposes of learning the trade. 

No young persons under eighteen or women shall be em- 
ployed in any circumstances in the calcining process or in clean- 
ing places where the above-mentioned substances or objects cov- 
ered with unfired glaze have been manipulated or stored. 

8. Hours of work shall be reduced for all persons employed in 
the processes mentioned in the preceding paragraphs in propor- 
tion to the dangers attendant upon the respective processes, and 
especially in the case of workmen in the calcining process, who 
shall not be so employed continuously. 

9. All workpeople employed in the manufacture of glazes 
containing lead, as well as those who come into contact with 
raw glazes or the lead used in their preparation, shall wear special 
working clothes. 

10. The employer shall supply without charge a sufficient 
quantity of suitable working clothes, drinking and washing water, 
glasses, soap and towels. The employer shall provide for the 
washing of the said working clothes and towels. 

11. No person shall eat, drink or smoke in, or bring any 
food, drink or tobacco into places where lead glazes or the lead 
used in their preparation are handled, or which are used for stor- 
ing these substances or pottery covered with unfired lead glazes. 

12. The workpeople in question shall be examined every three 
months by a medical practitioner, appointed by the State Authori- 
ties. The result of the examinations shall be entered in a register 
kept for the purpose which shall be open to inspection by the 
inspecting authority. 

293 



THE INTERNATIONAL PROTECTION OF LABOR 

13. No workman who is suffering from lead-poisoning, or 
wlio has been found by the medical practitioner named in Section 
12 to be unfit on medical grounds for work in contact with lead, 
shall be employed in the above mentioned branches of the trade, 
or in rooms where such work is carried on, during such period 
as may be fixed by the medical practitioner, but the employer 
shall employ him elsewhere. 

14. Two cloak-rooms shall be provided, one for working and 
one for outdoor clothes, with a suitable lavatory and bath-room 
between the two. A messroom shall also be provided. 

In small undertakings there shall be provided at least dust- 
proof cupboards where the workers' outdoor and working 
clothes shall be kept separately, and lavatory accommodation. 

15. Employers shall give all workpeople contemplated in para- 
graph 9 on their entering the employment printed instructions 
as to the dangers of lead poisoning and its prevention, and shall 
affix such instructions in the workplaces. 

16. In the case of establishments using lead glazes so com- 
posed that the consequent risk to health is small, temporary 
exemptions from the preceding provisions may be allowed by the 
authorities in exceptional circumstances. 

(c) Polygraphic Industry. The Delegates' Meeting resolves 
to recommend to the Governments by means of a petition pre- 
sented by the Bureau, the following principles for the regulation 
of hygienic conditions in the polygraphic industry. 
Principles for the Regulation of Hygienic Conditions in Printing 
Works and Type Foundries. 

(i) All places in which employees come into contact with 
lead or its alloys or compounds shall be well lighted and easily 
heated and ventilated. There must be an allowance of at least 
15 cubic metres of air space and three square metres of floor 
space for each person employed. Workrooms in new premises 
shall be at least 3 metres in height. 

(2) Work contemplated in Section i which causes any con- 
siderable amount of dust or an appreciable rise of temperature 
(such as the melting of lead or type-metal, the use of more than 
one monotype or linotype machine, stereotyping, finishing and 
dressing type, and bronzing with powdered bronze) shall be car- 

294 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

ried out in separate workrooms which must not be in a base- 
ment, except where the work is carried on only in exceptional 
circumstances. In large establishments the composing rooms 
must be separate from other work-rooms. 

(3) Rooms must be wdl lighted with both natural and arti- 
ficial light, so as to protect adequately the eyesight of the per- 
sons employed, consideration being paid to the nature of the 
work. 

(4) The floors of all places mentioned in Section i shall 
be without cracks and washable or covered with a substance for 
preventing dust. The walls must be covered to a height of 
two metres with a smooth washable coating or paint of light 
colour. No shelves or other appliances where dust can accumu- 
late shall be fitted up, except such as are necessary for the work. 

(5) In larger establishments suitable lavatories and cloak- 
rooms separated from the workrooms shall be provided. In small 
establishments arrangements shall be made for employers to 
keep their outdoor and working clothes in separate cupboards, 
and lavatory accommodation with sufiicient water laid on, to- 
gether with a plentiful supply of drinking water shall be pro- 
vided. In type foundries, large printing works and works where 
night work is the rule, mess rooms shall be provided. 

(6) Women and young persons under eighteen years of age 
shall not be employed in the occupations contemplated in Sec- 
tion I, provided that apprentices may be employed in any occupa- 
tions for the purposes of learning the trade, but shall in no cir- 
cumstances clean the workrooms or cases. The question of 
whether women should be admitted or excluded from the occu- 
pations of composing and operating type-setting machines, shall 
be definitely decided after thorough investigations have been 
made (see last paragraph) into the degree of danger attending 
these occupations, 

(7) The floors of all workplaces, cloakrooms and lavatories, 
shall be cleaned every day. Once a week all rooms shall be 
thoroughly cleaned, and after working hours as far as work- 
rooms are concerned. A suj^^cient number of spittoons shall be 
provided. The workrooms shall be thoroughly aired several 
times a day. 

295 



THE INTERNATIONAL PROTECTION OF LABOR 

(8) Compositors' tables and shelves must be fixed close to 
the floor, or else arranged in such a way that there is a dis- 
tance of at least 25 centimetres between the floor and the lowest 
shelf. Cases in regular use must be cleaned when necssary 
and not less often than once in three months; other cases must 
be cleaned before use. The cleaning of the cases shall be ef- 
fected by suction, or where necessary in the open air provided 
that suitable precautions are taken to protect the workers from 
dust. 

(9) Melting pots and crucibles shall be fitted with sufficiently 
large pipes for drawing off their contents, and the crucibles 
and pipes shall be covered so as to be heat proof. 

The temperature of workplaces where founding, stereotyping 
or typesetting by machinery is carried on shall not exceed 25^* 
centigrade, unless the outdoor temperature exceeds i8°C in the 
shade, in which case the difference shall not exceed 7°C. 

(10) Colouring matter containing lead shall be prepared by 
mechanical means only. 

(11) Bronzing with bronze powder shall be effected only by 
machines allowing no dust to escape and provided with exhaust 
ventilation. Bronzing with bronze powder shall not be effected 
by hand, except where the work is undertaken only in exceptional 
circumstances and rarely, in which case respirators covering 
mouth and nose shall be worn. 

(12) All workmen employed in occupations contemplated in 
Section i shall wear washable working clothes. 

(13) No unpurified and injurious substances shall be used 
to clean rollers or type, etc. 

(14) No persons shall eat, drink or snioke in the workplace, 
or bring any food, drink or tobacco into them. 

Workmen shall wash their faces, mouths and hands before 
every break in work, and before leaving work. The employer 
shall provide without charge towels and soap and for each work- 
man a separate glass for rinsing the mouth. 

(15) Workmen employed in composing, in melting and cast- 
ing type, in linotyping, in stereotyping and in finishing and 
dressing type, shall be medically examined every three months 
by a medical practitioner, approved by the State authorities for 
the purpose. 

296 J 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

Persons whom the medical practitioner shall declare unfit shall 
not be employed in the occupations contemplated in Section i 
during such period as may be prescribed by him. The employer 
shall be bound to employ such persons in some other manner. 

All apprentices shall be medically examined before beginning 
their apprenticeship. 

#In view of the inadequate and inexact nature of the docu- 
mentary information available on the extent to which compositors 
and the operators of type-setting machines are exposed to the 
danger of poisoning, a fresh investigation shall be undertaken, 
the results of which shall be laid before the Delegates' Meeting 
at Zurich in 19 12. (See paragraph 6.) 

C. Protection of Homeworkers from Industrial Poisons. 

The question of the protection of homeworkers from indus- 
trial poisons shall be placed upon the Agenda of the next Dele- 
gates' Meeting. 

D. List of Industrial Poisons. 

The Delegates' Meeting takes note of the admirable list of 
industrial poisons drafted by Prof. Sommerfeld and amended by 
Dr. Fischer and the Commission in the light of practical expe- 
rience, and expresses its sincere thanks to these two authors. 

At the same time the Meeting recognises the absolute impossi- 
bility of drawing up a complete list corresponding to industrial 
conditions for the time being in all countries, without the co- 
operation of the National Sections. The Bureau is requested 
to transmit to the Sections and to the Permanent Council of 
Hygiene the list, which is now in course of preparation by a 
Sub-Commission. The sections shall thereupon, with the assist- 
ance of their respective Governments, revise and supplement the 
list by April ist, 191 1. The Bureau shall then arrange, in agree- 
ment with the Permanent Council of Hygiene, for the publication 
of the list. 

X. WORK IN COMPRESSED AIR. 

A. Work in Caissons. 

Since the protection of workers In caissons cannot be regarded 
as directly affected by international competition, it is not a 
subject for international agreement. But at the same time It 
is expedient for the International Association for Labour Legis- 

297 



THE INTERNATIONAL PROTECTION OF LABOR 

lation to urge the various Governments to introduce legislation 
for the protection of Caisson workers as has been done in France 
and Holland. The principles here following should form the 
basis of such regulations. 

Principals for the Regulation of Work in Caissons. 

1. The danger to life and health to which persons working 
in caissons under a high air-pressure (from about 1.5 atmos- 
pheres in excess of atmospheric pressure) are in general exposed, 
must be regarded as appallingly great. 

2. The danger can be reduced to a very considerable extent 
by the adoption of suitable prophylactic and therapeutic meas- 
ures. The introduction of such measures consequently forms an 
important branch of labour legislation. 

3. Protective measures cannot be expected to succeed un- 
less they are designed on the right lines and strictly carried out. 
Consequently it is necessary for such regulations to be intro- 
duced by State legislation, and enforced by administrative au- 
thorities, and for contraventions to be punishable. 

4. Regulations for the protection of Caisson workers should 
contain provisions : 

(a) Requiring the admission of persons to work in caissons 
to be dependent upon the result of a strict medical examination. 

(b) Requiring the organisation of a regular system of med- 
ical supervision on the works and wherever possible a permanent 
staff of medical officers. 

(c) Fixing exactly the periods of employment and the man- 
ner of locking-in and unlocking, according to the depth of the 
works and the pressure. 

d) Prescribing suitable hygienic regulations respecting the 
air-supply in the caisson and air-locks, variations of temperature, 
accommodation for workmen on the works, the conduct of work- 
men, etc. 

(e) Prescribing all arrangements necessary for the safety of 
the workmen. 

(f) Ensuring that suitable appliances for treating persons 
taken ill — especially a properly fitted up recompression lock — 
and the necessary staff for attending them shall be available. 

(g) Requiring a register to be kept on the works containing: 

29S 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

the name and forename of every person subject to medical ex- 
amination, particulars of the result of each examination, and 
particulars of all cases where medical treatment was given on the 
works and the results of the same. 

#B. Divers. 

Since divers, especially those employed in salvage operations, 
are liable to be called upon to work in foreign waters or on 
ships of a different nationality, it seems advisable that their 
occupation should be regulated by international agreement. 

The members of the Permanent Council of Hygiene shall col- 
lect from every country the regulations and official and private 
instructions respecting diving operations. 

The International Labour Office shall thereupon transmit copies 
of these regulations, etc., to the members of the Special Commis- 
sion, which shall prepare a report of the subject for the next 
Delegates' Meeting. 

#XL THE PROTECTION OF RAILWAY SERVANTS 
AND PREVENTION OF ACCIDENTS: AUTOMATIC 
COUPLING. 

The Bureau is instructed to make a further report to the 
next Delegates' Meeting regarding the international prevention 
of accidents and the protection of those employed on railroads 
and in the carrying trade. The Sections are requested to peti- 
tion their Governments for the introduction of automatic coup- 
lers. 

XII. WORKMEN'S INSURANCE. EQUAL TREAT- 
MENT OF FOREIGN WORKMEN. 

(i) The Association requests the American Section to con- 
tinue its efforts to secure the passage in the several States of the 
Union of suitable laws for insurance against sickness and acci- 
dent, which shall not discriminate against alien workers and 
thus carry out Resolution IX adopted at Geneva, and Reso- 
lution X adopted at Lucerne, and it thanks this Section for 
the initiative which it has taken in this queston of the protection 
of immigrants. 

##(2) A Special Commission is appointed with instruc- 
tions to seek ways and means by which the equal treatment of 
native and foreign workmen may be guaranteed, not only in 
respect of insurance against industrial accidents, but also in 

299 



THE INTERNATIONAL PROTECTION OF LABOR 



other departments of social insurance, and to report to the 
next Delegates' Meeting. 

(Report of the Sixth General Meeting, Ihid., No. 7, pp. 160- 

174.) 

Exhibit 18. 

Resolutions of the Seventh Delegates' Meeting at Zurich {Sept. 

10-12, 191 2.) 
SURVEY 



1. Publication of Reports. 

2. Finances. 

3. Bulletin of the International La- 
bor Office. 

4. New National Section. 

5. Co-operation with other Inter- 
national Associations. 

6. Next Delegates' Meeting. 

7. International Conventions. 

8. The Administration of Interna- 
tional Labor Treaties. 

9. Child Labor. 

10. Saturday Half-holiday. 

11. Hours of labor in Continuous 
Industries. 

12. Protection of Railroad Em- 
ployees. 

13. Protection o£ Dock Workers. 

14. Hygienic Working Day. 

15. Workmen's Holidays. 

16. Legal Relations between Em- 
ployers and Employed. 

17. The Truck System and Deduc- 
tions from Wages. 



18. Home Work. 

19. Machine-made Swiss Embroid- 
ery. 

20. List of Industrial Poisons. 

21. Lead. 

22. Handling of Ferrosilicon. 

23. Principles for the Protection of 
Persons employed in Mining, the 
Construction of Tunnels, Stone 
Quarries etc., on an Interna- 
tional Basis. 

24. The International Prevention of 
Anthrax amongst Industrial 
Workers and of Mercurial Poi- 
soning in Fur-cutting and Hat- 
making. 

25. Work in Caisons. 

26. Diving Operations. 

27. International Statistics of Mor- 
bidity and Mortality amongst 
the Working Classes. 

28. Treatment of Foreign Work- 
men under Insurance Legisla- 
tion. 



1. Publication of Reports. 

The Bureau is requested to communicate with the national 
sections in order to seek means of simplifying and expediting 
the publication of the reports presented to the Delegates' Meet- 
ing. 

2. Finances. 

I. The Delegates' Meeting acknowledges with satisfaction the 
reports of the Bureau, the Treasurer, and the International 
Labour Office and thanks them heartily for their activity. 

II. The Treasurer's accounts, vouchers, and cash have been 
audited and found correct. 

300 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

The Delegates' Meeting wishes to express to the retiring Treas- 
urer, Mr. Councillor Wullschleger, cordial appreciation of his 
past services. 

III. The Budget for 19 12 and 19 13 is approved. 

3. Bulletin of the International Labour Office. 

The Delegates' Meeting thanks the British Government most 
cordially for the subvention granted to the International Labour 
Office, which has enabled the Office to bring out the English 
Bulletin in the same form as the French and German Bulle- 
tins, and to cover the expenses out of the grants from countries 
using the English Edition. 

In view of the fact that under present circumstances the Eng- 
lish Edition must, in the interests of efficiency, be translated 
and printed in an English-speaking country, the Delegates' Meet- 
ing approves the arrangements made by the Bureau in this 
respect. 

The Delegates* Meeting, nevertheless, hopes to procure con- 
siderable increases in the contributions of English-speaking coun- 
tries towards the International Association and the International 
Labour Office, by the foundation of new Sections, by the sup- 
port of further Governments, and by increases in existing Gov- 
ernment subventions. 

4. New National Section. 

The Delegates' Meeting welcomes the foundation of a Section 
in Finland and approves its statutes. 

5. Cooperation with other International Associations. 

I. The Delegates' Meeting instructs the Bureau to discuss 
with the Presidents of the International Associations on Unem- 
ployment and on Social Insurance, steps to promote social re- 
form, tending to facilitate the work of the three Associations 
serving its ends. The Delegates* Meeting requests the Bureau, 
in this connection, to see that the autonomy of the International 
Association for Labour Legislation and the liberty to choose 
its branches of work and the manner of carrying them out, 
shall be guaranteed, and that the relations of the national Sec- 
tions with the International Association shall not be interfered 
with in any respect. The Bureau is requested to report to the 
next Delegates' Meeting on the result of the negotiations in 
order that resolutions may be adopted on the matter. But 

301 



THE INTERNATIONAL PROTECTION OF LABOR 

the Bureau is authorised to co-operate at once, subject to the 
above conditions, with the two other Associations. 

11. The Bureau is authorised to enter into relations with the 
Bureau of the International Home Work Congress with a view to 
co-ordinating the efforts of the two organisations. 

6. Next Delegates' Meeting. 

The Delegates' Meeting resolves that the Vlllth Delegates' 
Meeting shall be held at Berne in 1914. 

7. International Conventions. 

I. The Delegates' Meeting ratifies the steps taken by the 
Bureau. 

II. The Bureau of the International Association is instructed 
to thank the Swiss Department of Industry very cordially for 
the intention they have expressed of recommending to the Swiss 
Federal Council to convoke, at the request of the Association, a 
second international conference on labour legislation. 

HI. The Bureau of the International Association is instructed 
to express to the Spanish Government the thanks of the Asso- 
ciation for having introduced the legal prohibition of the night 
work of women. 

IV. The Delegates' Meeting expresses most cordial thanks 
to the Government of New Zealand and the Union of South 
Africa for their adhesion to the international convention of Berne 
respecting the prohibition of the use of white (yellow) phos- 
phorus in the match industry ; to the Hungarian Government for 
the prohibition of white phosphorus in the manufacture of 
matches ; to the Federal Government of the United States for the 
prohibition of the importation and exportation of poisonous phos- 
phorus matches and the imposition of a prohibitive tax; and to 
the Government of the Mexican Republic for introducing the 
prohibition likewise. The Association wishes on this occasion 
to thank the American Section again for their zealous work in 
promoting this legislation. 

V. The Bureau is instructed to continue their exertions in 
those countries which have not yet signed the two Berne Con- 
ventions. 

VI. The Delegates' Meeting requests the Bureau to draw 
the attention of the national Sections to the Interpretation given 
in different countries to the Berne Conventions. The Bureau is 

302 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

recommended to insert in the quarterly reports particulars of 
information received from the national Sections on this matter. 

8. The Administration of International Labour Treaties and 
of Labour Laws. 

L The Delegated Meeting invites the national Sections which 
have not yet done so, to submit the petition on the reform of 
official statistics to their Governments. 

II. Since Art. 5 of the International Convention of Septem- 
ber 26th, 1906, respecting the prohibition of the night work of 
women in industrial occupations, provides that the Governments 
should exchange through diplomatic channels their periodical 
reports on the administration of laws and orders concerned with 
the subject of the Convention, it is desirable that these reports 
should be published by the Signatory States in a form such* as 
to make it possible for each of the Governments concerned to 
compare the standard of administration to the labour treaties 
in the other Signatory States. 

III. In view of the fact that it is not possible to give a 
reply at present to some o£ the questions contained in para- 
graphs II and III of the proposals of the Bureau, the Delegates' 
Meeting requests the Bureau to enter into an agreement directly 
with the Governments on the subject of the elaboration of uni- 
form statistics which will enable it to publish every four years 
the comparative report on the administration of labour laws. 

With this object the Governments shall be invited to appoint 
an international commission of statistical experts and inspectors 
of labour. 

IV. The Delegates' Meeting requests the national Sections 
to endeavor to persuade the Governments to appoint a large num- 
ber of women inspectors, and to arrange that at least one woman 
inspector shall be stationed in each centre of industry where the 
employment of women or children is general. 

9. Child Labour. 

The Sections are requested to establish special Child Labour 
Committees with the duty of : 

(a) Supplying the information desired in the International 
I^abour Office's questionnaire, and 

(b) Reporting, on the basis of this information, to the next 

303 



THE INTERNATIONAL PROTECTION OF. LABOR 

Delegates' Meeting on ways and means of carrying out and ex- 
tending the existing laws for the protection of children. 

The Bureau shall prepare a comparative survey of these re- 
ports, and present it to the International Special Commission 
on Child Labour. This Commission shall submit definite pro- 
posals to the next Delegates' Meeting. 

10. Saturday Half-holiday. 

In view of the fact : That a free Saturday afternoon is neces- 
sary in order to giwt working women a real rest on Sundays ; 

That this institution alone is able to insure to the workers 
in every week a full day of family life ; 

That this Saturday half -holiday is already introduced wholly 
or partially for children, young persons and women, and even 
for adult workmen in the legislation of the German Empire, the 
United Kingdom, Greece, the Netherlands and Switzerland; 

That the initiative of the employers' and workmen's associa- 
tions is endeavoring to promote the extension of the Saturday 
half -holiday in all industrial countries; 

The Delegates' Meeting desires that the Saturday half-holi- 
day for women workers and young persons should be made 
the subject of an international convention; and instructs the 
sub-commission on the maximum lo hours working day to draw 
up, in conjunction with the Bureau, a report to be laid before 
the next Delegates' Meeting. 

11. Hours of Labour in Continuous Industries. 

I. In view of the resolutions of the Lugano meeting and 
of the facts presented to the special Commission in London, 
the Delegates' Meeting is of the opinion that the eight hour 
shift in continuous industries (industries working night and 
day) is the best shift system for such work and should be 
strongly recommended both from the point of view of the phys- 
ical and moral welfare of the workers and in the social and 
economic interest of society generally. 

II. The Delegates' Meeting is of the opinion that the reports 
presented by the different national Sections have shown that 
in the iron and steel industries (blast furnaces, iron and steel 
works, rolling mills) the eight hour day is very necessary and is 
practicable for the shift workers. 

The Delegates' Meeting instructs the Bureau to request the 

304 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

Swiss Federal Council to address to the Governments as soon 
as possible the request to arrange a conference of the inter- 
ested States with a view to arriving at an international agree- 
ment as to the introduction of the eight hour day for those 
workers. 

III. The Delegates' Meeting is of the opinion that as re- 
gards glass works, the investigations are sufficiently advanced 
for the conclusion at any rate of an international convention 
on the basis of a working week of 56 hours on the average with 
an uninterrupted weekly rest of 24 hours. The Bureau is re- 
quested to choose the most favorable time for taking steps to 
this end. 

IV. The Delegates' Meeting is of the opinion that as regards 
other continuous industries the national Sections should by in- 
vestigations prepare the way for the introduction of the eight 
hour day or of a corresponding maximum week. 

(a) In continuous industries, where the working day {i. e.j 
hours during which the workmen are required to be present at 
the works) exceeds ten hours in 24, or where each set of men 
works more than six shifts per week. 

(b) And in those industries {e. g. paper and pulp mills, chem- 
ical industries) where conditions seem to be ripe for the intro- 
duction of the three shift system in many countries. 

12. Protection of Railway Employees. 

I. The Bureau is instructed to approach the railway admin- 
istrations of all countries and request them to complete the tables 
respecting time on duty, hours of work, night's rest, leave, days 
of rest. 

II. These tables shall then be submitted, together with any 
other results from inquiries now in progress, to a special Com- 
mission consisting of seven members. This Commission shall 
report before the next Delegates' Meeting assembles on: 

(a) The diversity in the number of accidents among em- 
ployees of the same class in different countries and if possible 
on the causes of this diversity. 

(b) The differences in the organisation of the service (time 
on duty, hours of work, overtime, periods of rest, length of the 
day of rest, days of leave) and on the causes of these differences 
as far as they can be ascertained. 

30s 



THE INTERNATIONAL PROTECTION OF LABOR 

(c) Institutions for the settlement of disputes, respecting 
hours of work and wages in the railway service, and their suc- 
cess. 

(d) The basis of statistics of sickness in the railway service. 
III. The special Commission shall have authority to institute 

analogous investigations respecting the conditions of labour of 
telegraphists (including radio-telegraphists) and telephonists. 

13. Protection of Dock Workers. 

The Bureau is instructed to request the national Sections of 
countries having seaports to make an investigation into the 
labour conditions of dock workers with special reference to 
the number of hours worked, and to report before the next Del- 
egates' Meeting. 

When instituting investigations into the hours of work of 
dock labourers the national Sections shall likewise have the duty 
of considering the question of maximum loads for dock labour- 
ers. 

14. Hygienic Working Day. 

I. The Bureau is instructed to express the thanks of the 
Association to the Governments which have instituted special 
inquiries into the hours of labour in particularly unhealthy trades, 
and requests them and other Governments to extend their in- 
quiries to other unhealthy industries which are not mentioned 
in the list of May, 1912. The supplementary list shall be drawn 
up by the Bureau after consultation with the Permanent Council 
of Hygiene. 

II. A special Commission shall be appointed by the Bureau 
in agreement with the national Sections and the Permanent 
Council of Hygiene, with the duty of drawing up a memorial 
containing particulars of existing legislation, of the hours of 
labour actually prevailing, and of the accident, sickness and 
mortality rates in all trades considered to be dangerous and un- 
healthy, and also proposals respecting the prohibition of the em- 
ployment of children, young persons and women, and the limita- 
tion of their hours of labour, and also of those of adult men. 
This memorial shall be submitted in proof to the next Delegates' 
Meeting. 

15. Workmen's Holidays. 

The national Sections are requested to approach their Gov- 

306 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

ernnxents with a petition that they will complete the inquiries into 
workmen's holidays. 

1 6. Legal Relations between Employers and Employed. 

The Delegates' Meeting requests the Bureau to ask the Sec- 
tions whether and how far they are disposed to draw up a 
statement of the existing legal prescriptions and customs in their 
countries which regulate the individual and collective relations 
between employers and employed both in the course of and out- 
side employment, and to communicate the results to the Inter- 
national Labour Office. 

17. The Truck System and Deductions from Wages. 

I. In view of the abuses which have arisen, in a great num- 
ber of industries, in respect of the use of disciplinary fines and 
deductions for damages, as well as of the numerous varieties 
in the truck system (payment in kind, or by means of bonds 
and tickets to be drawn on the establishment of the employer), 
of which the general result is to reduce the wages of unskilled 
workers and women, the Delegates' Meeting requests the national 
Sections to submit to their respective Governments, in accord- 
ance with the spirit of protective legislation already in force, 
legislative proposals as follows : 

(a) In all industries, whether carried on in the factory or 
the home, the payment of wages in kind or by means of bonds 
payable in the form of goods on sale in establishments conducted 
by the employers shall be prohibited in principle. 

(b) The whole system of fines and deductions for damage 
(the case of wilful and malicious damage only excepted) shall 
be abolished. Provided that, even in the case of malicious dam- 
age, the employer shall not be authorised to impose any penalty 
without the order of the Court. Where the complete suppres- 
sion of deductions does not appear to be immicdiately possible, 
such deductions shall neither be established nor exacted except 
by agreement either with the workpeople concerned, or with 
their organizations where any such organization exists. 

(c) Materials (used in the process of manufacture) must 
be furnished gratuitously by the employer to the factory worker 
and the home worker alike. In the case of tools supplied to 
the worker by the employer any charge made by the employer 
shall be for the cost price only. 

307 



THE INTERNATIONAL PROTECTION OF LABOR ■ 

The Sections are requested to forward by every means in 
their power the drafting and discussion of Bills embodying the 
desire expressed by the Delegates' Meeting. 

II. In certain countries there exist Pension and Thrift funds 
to which workmen and employees are compelled to subscribe. 
In case of annulment of their engagements for any cause, they 
lose the rights which they have acquired by the payment of 
these subscriptions. The Delegates* Meeting recommends the 
passing of laws securing to workmen compelled to pay these sub- 
scriptions the repayment of all sums contributed by them, should 
they be dismissed before they have acquired a right to pension. 

III. The Delegates' Meeting requests, in addition, that legis- 
lative steps should be taken to remove the abuses which have 
arisen in connection with the building of working men's dwell- 
ings erected in order to deprive the workman of the exercise of 
rights with which legislation has invested him for the protection 
of his interests. 

i8. Home Work. 

The Delegates' Meeting declares again most emphatically, 
in view of the fresh studies and experimental inquiries made 
during the two years last past, that the miserable conditions of 
a large proportion of the home workers is caused especially by 
their absolutely insufficient wages, and that no improvement 
can be hoped for so long as means are not found to raise wages. 

To this end the Delegates* Meeting recommends again: 

I. The organisation of home workers in trade unions and the 
conclusion of collective wage agreements. The meeting regards 
the unfettered right of combination as the necessary basis of 
such collective agreements. In countries where collective agree- 
ments are not yet legally recognised under existing law, recogni- 
tion should be secured in such a manner as to ensure their legal 
validity and their extension when required to home workers in 
the same occupations who were not originally concerned in the 
conclusion of the agreement. The Delegates' Meeting urges the 
national Sections to get into touch with the existing organisa- 
tions of workers with a view to promoting the conclusion of 
the collective agreements with employers and employers' federa- 
tions. 

II. The adoption by legislation of the principle that wage 

308 



. LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

agreements for insufficient amounts or of an usurious nature 
should be null and void, and that the conclusion of such agree- 
ments should be subject to penalties. The meeting regards this 
principle as essential, but at the same time, it recognises that the 
difficulties of its application are such as to prevent its adoption 
from being in any degree a practical solution of the problem. 

III. The Delegates' Meeting believes that any legislation in 
favour of home v^^orkers will be ineffective so long as it is not 
founded on minimum rates fixed by wages boards constituted 
according to the following principles. 

( 1 ) The board shall be composed of an equal number of em- 
ployers and employees, chosen generally by the parties or, if 
this is impossible, by bodies acting on their behalf or failing 
these, by the Government. 

The President shall not be an employer or an employee and 
shall be elected by the board. The Government shall appoint 
him in case of disagreement. He shall have the casting-vote; 

(2) The minimum wage shall be fixed so that a home worker 
of ordinary capacity may earn as time wage a sum approximately 
equal to fair wages paid in factories and workshops where similar 
trades are carried on in the town or district. The wage must 
be at least high enough to ensure to the worker under normal 
living conditions sufficient food and healthy housing; 

(3) The board shall fix officially the minimum wage and pub- 
lish it at once; 

(4) If possible the board shall establish a scale of minimum 
wages rates for all the different operations of the trade; 

(5) To the amount of wages must be added the cost of tools 
and materials furnished by the worker, the value of time wasted, 
etc. ; 

(6) The minimum wage must be paid to the worker net with- 
out any deduction in favour of employer or middleman; 

(7) If collective agreements exist in a trade, the minimum 
wage board must endeavour to extend the benefits of such col- 
lective agreements to all home workers also ; 

(8) For operations not included in the scale named under 
(4) the employer must prove in each particular case coming 
before the board that the conditions allow the average worker 
to earn at least the minimum time wage. 

309 



THE INTERNATIONAL PROTECTION OF LABOR 

Disputes shall be settled by the wages boards; 

(9) The board shall establish likewise scales of payment, and 
if possible minimum wages, for the apprentices in the trade, 
even where the apprentices are employed in workshops; 

(10) Every violation of the law shall constitute a penal of- 
fence in each case and in respect of each worker concerned; 

(11) Every trade organisation and any person interested in 
the trade and every society qualified for the purpose may inform 
the board that wages paid are below the minimum wage fixed 
for the trade. All such persons or organisations may take legal 
action ; 

(12) The minimum wages fixed by the local boards may 
be reviewed by a central commission of revision acting officially 
and without delay. This commission may modify and co-ordi- 
nate local decisions. The Governments shall select the members 
of such commission in equal numbers from the employers and 
employees composing the local boards. 

IV. The Delegates' Meeting invites the Members of Parlia- 
ment belonging to the International Association to introduce, 
or cause to be introduced, bills corresponding to the accepted 
resolution. 

The national Sections are requested to engage in an energetic 
campaign in order to convince the public of the necessity of fixing 
minimum wages for home industries. 

19. Machine-made Swiss Embroidery. 

The Delegates' Meeting still considers it desirable, under the 
provisions .of the Lugano resolutions of 1910, to make uniform 
regulations for hours of work in the Swiss Embroidery Home- 
industry, and so far as possible to prohibit night work. But in 
view of the fact that since the Meeting of Lugano progress has 
been made in the introduction of automatic embroidery-machines 
in factories, and that similar machines will probably be intro- 
duced in the next few years to an increasing extent, the Delegates' 
Meeting considers it desirable that when regulations are made 
concerning hours of labour in small establishments, regulations 
should be made at the same time respecting hours of labour in 
factories using automatic machines. Such regulation is neces- 
sary because aritomatic m.achines, since attended by adult men 
only, may be run unlimited hours, both day and night, although 

310 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

there is no technical reason for such continuous labour; while 
the other machines tended by women also, are subject to certain 
legal limitations as to hours of labour. 

The Bureau of the International Association for Labour Legis- 
lation is instructed (i) to draw the attention of the countries 
concerned (Germany, Switzerland, Austria, France, the United 
States, Italy, Russia) to the danger which threatens the entire 
embroidery industry as a result of overtime, and even more of 
the continuous operation of the automatic embroidery machines, 
and (2) to request the Governments to take steps as soon as 
possible by means of international agreements, to establish such 
uniform regulations as shall protect the interests of the embroid- 
ery industry. 

The Bureau is instructed to inform the Sections of the differ- 
ent countries, within three months, of the steps it has taken 
in approaching the Governments with a view to the realisation 
of this object. 

20. List of Industrial Poisons. 

I. The Delegates' Meeting expresses its thanks to the authors 
of the list of industrial poisons, Dr. Sommerfeld and Dr. Fischer, 
to the Institute of Industrial Hygiene at Frank furt-on- Main, and 
to the member of the Permanent Council of Hygiene who re- 
ported on the matter, Dr. Teleky. 

II. The Delegates' Meeting notes with pleasure that the list 
of industrial poisons has been translated into English, French, 
Italian and Finnish and hopes that the other national Sections 
will follow this example. 

III. The Permanent Council of Hygiene is requested to under- 
take a revision of the list of industrial poisons every four years. 

21. Lead. 

I. Painters and Decorators. The Delegates' Meeting, noting 
with satisfaction that the use of colours containing lead in the 
painting of the interior of buildings has been prohibited in sev- 
eral countries, requests the national Sections to present reports 
on investigations which have been undertaken in their countries, 
and in particular on inquiries and experience relating to the use 
of colours not containing lead in the painting of metal in engi- 
neering workshops and similar works. 

311 



THE INTERNATIONAL PROTECTION OF LABOR 

II. Polygraphic Industry, In view of the inadequacy of the 
information available respecting the danger of poisoning to which 
women are exposed when employed in type-setting, whether by 
hand or by linotypes, the inquiry should be continued. 

The French and British Sections are requested to undertake 
inquiries from the hygienic and medical point of view and to 
present the results to the next Delegates' Meeting. 

III. Ceramic Industry, The national Sections are requested 
to report on the application in their countries of the regulations 
already presented to the Governments respecting hygienic con- 
ditions in the ceramic industry, with a view to the conclusion of 
an International Convention on the restriction of the use of lead 
in the ceramic industry. 

22. Handling of Ferrosilicon. 

I. The Bureau is instructed to present the following principles 
to the Governments: 

Principles for the prevention of risks involved in the convey- 
ance of ferrosilicon. 

(i) Ferrosilicon — especially when prepared by the electrical 
method — gives rise to dangerous gases, in particular phosphuret- 
ted hydrogen and arseniuretted hydrogen, merely by the action 
of dampness in the air. This causes the risk of poisoning and 
explosion. 

(2) In order to avoid poisoning and explosions, ferrosilicon 
should be secured against wet and dampness both in storing and 
transport. The ferrosilicon itself, the packing cases and pack- 
ing materials must be dry, that is to say, free from water and 
also from ice. 

(3) Packing cases ought to be water-tight and so durably 
constructed that they cannot be damaged in transport. Unpacked 
ferrosilicon should only be kept in places secure against wet. 

(4) The rooms in which ferrosilicon is stored or transported 
should be so constructed that they can be thoroughly ventilated 
and they should always be kept ventilated. In this connection 
care should be taken to see that the gases given off cannot pene- 
trate to living rooms. Such rooms ought consequently to have 
no connection whatever with rooms in which there is any ferro- 
silicon, packed or unpacked. 

(5) Occupiers or persons who store or transport ferrosilicon 

312 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

should be req xred not only to adopt the necessary precautionary 
measures in a suitable manner, but also to instruct persons com- 
ing into contact with ferrosilicon as to its dangers. 

11. Further inquiries ought to be made into the question of 
whether ferrosilicon containing less than 30 per cent, or more 
than 70 per cent, of silicon involves a risk of poisoning or not, 
and into the possibility of prohibiting the manufacture of ferro- 
silicon containing from 30 to 70 per cent, of silicon. 

23. Principles for the Protection of Persons Employed in 
Mining, the Construction of Tunnels, Stone Quarries, etc., on an 
International Basis. 

I. Ankylostomiasis. In view of the serious danger caused by 
ankylostomiasis not only to miners and tunnel workers, but alse 
to the whole working population of certain districts, and of the 
excellent results obtained by suitable supervision and treatment 
of the workers, it appears expedient that ankylostomiasis should 
be checked as soon as possible by means of an international 
agreement. 

The Bureau is requested to appoint a sub-commission to draw 
up detailed provisions on the basis of the following principles, 
and to seek ways and means for bringing about an international 
agreement on this matter. The principles to be observed are: 

(i) Shipping companies conveying emigrant workers from 
infected countries should be required to undertake the exam- 
ination of such workers and the treatment of persons affected 
with the disease. 

(2) Persons emigrated from affected areas should undergo 
medical examination with a view to the detection of ankylos- 
tomiasis, before being engaged to work in mines, the construction 
of tunnels, stone quarries, or brick works. 

(3) In mines, tunnelling operations, stone quarries and brick 
works, a series of measures are necessary: as, for example, the 
collection and removal in a manner not open to objection, of 
human refuse (regular and clean sanitary conveniences), the 
exercise of special cleanliness, dry workplaces, medical exam- 
ination, and the provision of medical treatment and suitable 
remedies. 

(4) It is necessary for the medical men entrusted with the 



THE INTERNATIONAL PROTECTION OF LABOR 

examinations and supervision in question to be suitably trained. 

II. Protection of workers in mines, tunnelling operations and 
stone quarries. The Bureau is requested to undertake, in con- 
sultation with technical experts in mining in the different coun- 
tries, a comparative study of legislation for the protection of 
miners on the basis of the principles drafted by Dr. Fischer, 
and to submit a memorial on the subject to the next Delegates' 
Meeting. 

Provisions respecting the protection of workers in tunnelling 
operations and stone quarries should be prepared in a similar 
\nanner, but drawn up separately. 

24. The International Prevention of Anthrax amongst In- 
dustrial Workers and of Mercurial Poisoning in Fur-cutting and 
Hat-making. 

The question of anthrax is referred to a sub- commission, which 
shall submit detailed proposals to the next Delegates' Meeting. 
In addition, a sub-commission shall submit to the next Delegates' 
Meeting detailed proposals respecting the prevention of mercurial 
poisoning in fur-cutting and hat-making. 

25. Work in Caissons. 

The Delegates' Meeting requests the Bureau to arrange for 
the Permanent Council of Hygiene to draw up, with the co-op- 
eration of experts, a memorial respecting the results of experience 
as regards work in caissons and showing how use may be made 
of such experience in practice. 

This memorial shall be submitted to the next Delegates' Meet- 
ing and afterwards presented to the Governments 

25. Diving. Operations. 

The Delegates' Meeting requests the Bureau to arrange for 
the Permanent Council of Hygiene to draw up, with the co-op- 
eration of experts, a report on the possibility and desirability 
of establishing international regulations for diving operations. 

2y. International Statistics of Morbidity and Mortality 
amongst the Working Classes. 

I. The Bureau is requested to present to the next Delegates' 
Meeting, with the co-operation of the national Sections and of the 
Permanent Council of Hygiene, a report on the essential differ- 
ences in the morbidity and mortality statistics relating to the 

314 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

working classes in the different trades and in the different coun- 
tries, and to make proposals on the question of how these diverg- 
encies can be removed. 

II. In addition, the national Sections are requested to report 
not later than July ist, 19 13, for the next Delegates' Meeting, 
on the methods of compiling, and the present position as regards, 
morbidity and mortality statistics relating to the working classes. 

III. The Delegates' Meeting recommends that the aim of 
these reports should be especially the establishment of a uniform 
classification of the causes of death in the different occupations, 
in order that the Governments may adopt it as the basis of uni- 
form statistics of mortality by trades. 

28. Treatment of Foreign Workmen under Insurance Legis- 
lation. 

I. In connection with the resolutions adopted by the Delegates' 
Meeting at Basel (1901 and 1904), Geneva (1906), Lucerne 
(1908) and Lugano (1910) respecting the treatment of foreign 
workers under Insurance Legislation, the Delegates' Meeting ex- 
presses thanks in the first place to the States and Governments 
which have given effect as far as possible in their national legis- 
lation and in international treaties to the principles recommended 
by the International Association. 

The Delegates' Meeting again requests the American Section 
to continue its efforts to secure the passage in the several States 
of the Union of suitable laws for insurance against sickness and 
accident, which shall not discriminate against alien workers and 
thus carry out Resolution IX adopted at Geneva, and Resolution 
X adopted at Lucerne, and it thanks this Section for its activity 
in this matter. 

II. The Governments represented at the meetings of the 
Association and the national Sections are again urgently recom- 
mended to see that these principles are developed and extended 
in sickness, accident, old age and invalidity insurance legisla- 
tion. 

The Delegates' Meeting draws the attention of the national 
Sections and the Governments concerned also to the various 
systems of maternity insurance. These systems should, as far 
as possible, fix a uniform period of benefit of 8 weeks, and 

315 



THE INTERNATIONAL PROTECTION OF LABOR 

also approximately equal maintenance benefits, in order that, in 
cases of difference of domicile and country of insurance, it may 
be easier to effect a transfer or make over the insurance in pur- 
suance of international agreements. 

III. As regards the execution of the wishes expressed under 
II, the Delegates' Meeting draws attention especially to the fol- 
lowing points: 

(i) As regards the benefits paid by insurance institutions 
to foreigners, no difference should be made between the sub- 
jects of a State and Foreign workmen in all countries and 
branches of insurance in which the State does not directly sup- 
plement either the premiums or the benefits. 

(2) But where the grants are made out of public money, 
the benefits paid to insured foreigners and their dependents may 
be reduced in comparison to those paid to subjects of the State 
at most by an amount corresponding approximately to such 
grants. 

(3) The Governments should take the necessary measures 
by means of international agreements to render the provisions 
of No. 2 unnecessary. 

(4) It should be made possible by international agreements 
to settle the claims of insured persons and their dependents liv- 
ing outside the country of insurance by a sum down or by paying 
the capital value of the benefit to a corresponding insurance in- 
stitution in their place of residence abroad, or in any other 
appropriate manner. 

IV. Failure to insure foreign workmen in the case of only 
temporary sojourn and employment in a country, is injurious 
both to the workmen concerned and also to their country of 
origin, and involves at the same time a disadvantage to the 
workers of the country in question on the labour market. The 
benefits of insurance should therefore be extended to such work- 
men. 

{E. B., VII, (8-10) Supplement.) 

Exhibit 19. 

VOEU 
At the moment of proceeding to the signature of the Con- 

316 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

vention on the Night- Work of Women the Delegates of Den- 
mark, Spain, France, Great Britain, Italy, Luxemburg, the Neth- 
erlands, Portugal, Sweden, and Switzerland, convinced of the 
utility of assuring the greatest possible unity to the regulations 
which will be issued in conformity with the present Convention, 
express the desire that the various questions connected with 
the said Convention which may have been left doubtful by the 
same, may be, by one or several of the contracting parties, sub- 
mitted to the consideration of a Commission on which each co- 
signatory State would be represented by a delegate or by a del- 
egate and assistant-delegates. 

This Commission would have a purely consultative character. 
In no circumstances would it be able to undertake any inquiry 
into or to interfere in any way in the administrative or other 
acts of the States. 

The Commission would make a report which would be com- 
municated to the contracting States on the questions submitted 
to it. 

The Commission could further be called upon: 

1. To give its opinion as to the equivalent provisions, on con- 
dition of which the adhesion of extra-European States, as well 
as possessions, colonies, protectorates, might be accepted in 
cases where the climate or the condition of the natives may 
necessitate modifications in the details of the Convention. 

2. Without prejudice to the initiative of each contracting 
State, to serve as an instrument for a preliminary exchange of 
views, in cases where the High Contracting Parties are in agree- 
ment, as to the utility of convening new conferences on the sub- 
ject of the condition of the working classes. 

The Commission would meet at the demand of one of the 
contracting States, but not more than once a year, except in 
the case of an agreement between the contracting States for a 
supplementary meeting owing to exceptional circumstances. It 
would meet in each of the capitals of the European contracting 
States successively and in alphabetical order. 

It would be understood that the contracting States would re- 
serve to themselves the right of submitting to arbitration, in 
conformity with Article i6 of the Convention of The Hague, 

317 



THE INTERNATIONAL PROTECTION OF LABOR 

the questions which may be raised by the Convention of to-day*s 
date, even if they had been the subject of an expression of opinion 
by the Commission. 

The Delegates mentioned above request the Swiss Government 
(who agree) to be good enough, until the closing of the record 
of deposit of ratifications of the Convention to continue the 
negotiations for the adhesion to the present Voeu of the States 
whose delegates have not signed it. 

This Voeu will be converted into a Convention by the con- 
tracting states, through the agency of the Swiss Government, as 
soon as it shall have received the concurrence of all the states 
signatories to the Convention. 

Berne, September 26, 1906. 

(£. B. I, (7-8) p. 277-) 

Exhibit 20. 

Draft for an International Convention Respecting the Prohibi- 
tion of Night-Work for Young Persons Employed in Industrial 
Occupations {Sept. 2^, 191 s) - 

(i) Night- work in industrial occupations shall be prohibited 
for young persons under the age of 16 years. 

The prohibition shall be absolute in all cases up to the age 
of 14 years. 

The present Convention shall apply to all industrial undertak- 
ings where more than 10 persons are employed ; it shall not apply 
in any case to undertakings where only members of the family 
are employed. 

It shall be the duty of each of the contracting States to define 
the meaning of "industrial undertakings." Mines and quarries 
and industries for the manufacture and transformation of mate- 
rials shall, in all cases, be included in this definition; as regards 
the latter point, the limit between industry on the one hand, 
and agriculture and commerce on the other, shall be defined by 
national legislation. 

(2) The night's rest contemplated in Article i shall have a 
duration of at least 11 consecutive hours. In all the contracting 
States these 11 hours must include the period between 10 p. m. 
and 5 a. m, 

318 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

In coal and lignite mines it shall be permissible to vary the 
hours of rest contemplated in the first paragraph, provided that 
the interval between two periods of work habitually lasts 15 
hours, and in all cases 13 hours at least. 

The period from 10 p. m. to 5 a. m. contemplated in the first 
paragraph may, in the case of the bakery industry, be replaced 
by the period from 9 p. m. to 4 a. m. in those States where 
night-work is prohibited by national legislation for all workers 
engaged in this industry. 

(3) The prohibition of night- work may be suspended for 
young workers over 14 years of age: 

(a) If the interest of the State or any other public interest 
absolutely demands it. 

(b) In case of "force majeure" where there occurs in an 
undertaking an interruption of manufacture which it was im- 
possible to foresee and not being of a periodical character. 

(4) The provisions of this Convention shall apply to girls 
under 16 years of age wherever these provisions afford more 
extensive protection than those of the Convention of September 
26th, 1906. 

(5) In extra-European States, as well as in Colonies, Pos- 
sessions, or Protectorates, when the climate or the condition 
of the native population shall require it, the period of the unin- 
terrupted night's rest may be shorter than the minimum of 11 
hours laid down in the present Convention, provided that com- 
pensatory rests are accorded during the day. 

(6) The present Convention shall come into force two years 
after the date on which the record of deposit is closed. 

The time limit for bringing into force the prohibition of the 
night-work of young persons over 14 years of age in industrial 
occupations shall be increased to 10 years : 

(a) In glass works, for persons employed before the melt- 
ing, annealing and re-heating furnaces. 

(b) In rolling mills and forges where iron and steel are 
worked up with continuous furnaces, for the workers engaged 
in occupations directly connected with the furnaces, in both 
cases, however, on condition that the night employment 
shall only be permitted in work of a kind to promote the 

319 



THE INTERMATIONAL PROTECTION OF LABOR 

industrial development of the young workers and which presents 
no particular danger to their life or health. 
(E. B. VIII, (9-IO) pp. 364-365.) 

Exhibit 21. 

Draft for an International Convention to Fix the Working Day 
for Women and Young Persons Employed in Indus- 
trial Occupations {Sept. 25, 1913-) 

(i) The maximum period of employment in industrial occu- 
pations of women without distinction of age and of young per- 
sons up to the age of 16 years shall, subject to the exceptions 
hereafter mentioned, be 10 hours a day. 

The working day may also be limited by fixing a maxipium 
of 60 hours per working week, with a daily maximum of 10^ 
hours. 

The present convention shall apply to all industrial under- 
takings where more than 10 persons are employed; it shall not 
apply in any case to undertakings where only members of the 
family are employed. 

It shall be the duty of each of the contracting States to define 
the meaning of "industrial undertakings." Mines and quarries 
and industries for the manufacture and transformation of mate- 
rials shall in all cases be included in this definition; as regards 
the latter point, the limit between industry, on the one hand, and 
agriculture and commerce on the other, shall be defined by na- 
tional legislation. 

(2) The hours of work shall be interrupted by one or more 
breaks, the regulations of which shall be left to national legisla- 
tion, subject to two conditions, namely: 

Where the daily period of employment does not exceed six 
hours, no break shall be compulsory. 

Where the daily period of employment exceeds this limit, a 
break of at least half an hour shall be prescribed during or im-* 
mediately after the first six hours' work. 

(3) Subject to the reservations specified in Article 4, the 
maximum period of employment may be extended by overtime: 

(a) If the interest of the State or any other public interest 
absolutely demands it. 

320 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

(b) In case of "force majeure" where there occurs in an 
undertaking an interruption of manufacture which it was im- 
possible to foresee and not being of a periodical character. 

(c) In cases where the work is concerned either with raw 
materials or materials in course of treatment which are sus- 
ceptible to very rapid deterioration, when such overtime is neces- 
sary to preserve these materials from certain loss. 

(d) In industries subject to seasonal influences. 

(e) In exceptional circumstances, for all undertakings. 

(4) The total hours of work, including overtime, shall not 
exceed 12 hours a day, except in factories for the preserving 
of fish, vegetables, and fruit. 

Overtime shall not exceed a total of 140 hours per calendar 
year. It may extend to 180 hours in the manufacture of bricks, 
tiles, men's, women's and children's clothing, articles of fashion, 
feather articles, and artificial flowers, and in factories for the 
preserving of fish, vegetables and fruit. 

It shall not be permissible, in any case, to extend the work- 
ing day for young workers of either sex under 16 years of age. 

This Article shall not apply in the cases contemplated in (a) 
and (b) of Article 3. 

(5) This Convention shall come into force two years after 
the date on which the record of deposit is closed. 

The time limit for bringing it into force shall be extended: 

(a) From two to seven years in the manufacture of raw 
sugar from beetroot, and of machine-made embroidery, and in 
the spinning and weaving of textile materials. 

(b) From two to seven years in States where the legal dura- 
tion of the working day for women without distinction of age 
and for young persons employed in industrial occupations still 
amounts to 11 hours, provided that, except as regards the ex- 
emptions contemplated in preceding Articles, period of employ- 
ment shall not exceed 11 hours a day and 63 hours a week. 

Drawn up at Berne on September 25th, 191 3, in one copy, 
which shall be deposited in the Swiss Federal Archives and a 
certified copy of which shall be presented through the diplo- 
matic channel to each of the Governments represented at the 
Conference. 

(Ibid., pp. 365-366.) 

321 



THE INTERNATIONAL PROTECTION OF LABOR 

Exhibit 22 

Constitution of the American Section of the International Asso- 
ciation on Unemployment. 

(Extract) 

The purpose as expressed in the by-laws of the Association on 
Unemployment is : 

"(A) To assist the International Association in the accom- 
plishment of its task (Section i, ss. 3 and 4, of the Statutes of the 
International Association) ; 

The aim of the Association is to co-ordinate all the efforts 
made in different countries to combat unemployment. 

Among the methods the Association proposes to adopt in order 
to realize its object the following may be specially noticed: 

(a) The organization of a permanent international office to 
centralize, classify and hold at the disposition of those inter- 
ested, the documents relating to the various aspects of the strug- 
gle against unemployment in different countries. 

(b) The organization of periodical international meetings, 
either public or private. 

(c) The organization of special studies on certain aspects 
of the problem of unemployment and the answering of inquiries 
on these matters. 

(d) The publication of essays and a journal of unemploy- 
ment. 

(e) Negotiations with private institutions, or the public au- 
thorities of each country, with the object of advancing legisla- 
tion on unemployment, and obtaining comparable statistics or 
information and possibly agreements or treaties concerning the 
question of unemployment. 

(b) To co-ordinate the efforts made in America to combat 
unemployment and its consequences, to organize studies, to give 
information to the public, and to take the initiative in shaping 
improved legislation and administration, and practical action in 
times of urgent need." 

{Bulletin trimestriel de I'association Internationale pour la lutte 
contre le chomage, Quatrieme Annee, No. 2. Avril-Juin 1914, 

P- 339.) 

322 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

Exliibit 23. 

Constitution of the American Association for Labor Legislation. 
Adopted Feb. 15, 1906 

Amended Dec. 30, 1907; Dec. 30, 1908; Dec. 29, 1909; Dec. 29, 

1910. 

Article I. Name. 

This Society shall be known as the American Association for 
Labor Legislation. 

Article IL Objects. 
The objects of this Association shall be: 

1. To serve as the American branch of the International 
Association for Labor Legislation, the aims of which are stated 
in the appended Article of its Statutes. 

2. To promote uniformity of labor legislation in the United 
States. 

3. To encourage the study of labor conditions in the United 
States with a view to promoting desirable labor legislation. 

Article IIL Membership. 

Members of the Association shall be elected by the Executive 
Committee. Eligible to membership are individuals, societies and 
institutions that adhere to its objects and pay the necessary sub- 
scriptions. The minimum annual fees for individuals shall be 
three dollars, or five dollars if the member wishes to receive the 
Bulletin of the International Association. In states in which 
there is a State Association $1 of the dues shall, be paid over 
to the State Association. The minimum annual fee for societies 
and institutions shall be five dollars, and they shall receive one 
copy of the Bulletin, and for each two-dollar subscription an 
addit'ional copy. 

Article IV. Officers. 

The officers of the Association shall be a president, ten vice- 
presidents, a secretary and a treasurer. There shall also be 
a General Administrative Council consisting of the officers and 
not less than twenty-five or more than one hundred persons. 
The General Administrative Council shall have power to fill 
vacancies in its own ranks and in the list of officers; to appoint 

323 



THE INTERNATIONAL PROTECTION OF LABOR 

an Executive Committee from among its own members, and such 
other committees as it shall deem wise; to frame by-laws not 
inconsistent with this constitution ; to choose the delegates of the 
Association to the Committee of the International Association; 
to conduct the business and direct the expenditures of the Asso- 
ciation. It shall meet at least twice a year. Eight members 
shall constitute a quorum. 

Article V. Meetings. 

The annual meeting and other general meetings of members 
shall be called by the General Administrative Council and notice 
thereof shall be sent to members at least three weeks in advance. 
Societies and institutions shall be represented by two delegates 
each. The annual meeting shall elect the officers and other mem- 
bers of the General Administrative Council. 

Meetings of the General Administrative Council shall be called 
by the Executive Committee. Notice of such meetings shall be 
sent to members of the Council at least three weeks in advance. 

Amendments to the constitution, after receiving the approval 
of the General Administrative Council, may be adopted at any 
general meeting. Fifteen members shall constitute a quorum. 

Article II of the Statutes of the International Association De- 
fining the Aims of the Association. 

(See Constitution of the International Association, Exhibit lo.) 

BY-LAWS. 

1. Committees. The Council shall elect an Executive Com- 
mittee, as well as committees on Finance, Legislation, and Pub- 
licity, and such other committees as occasion may require. 

2. Powers of the Executive Committee. The Executive Com- 
mittee shall exercise, subject to the General Administrative Coun- 
cil, the powers of the Council in the intervals between its ses- 
sions. 

3. International Obligations. The Executive Committee shall 
choose the members of Committees and Commissions and the 
reporters required by votes of the International Association. 

{Am. Labor Leg. Rev. VII, (I) pp. 196-197.) 

324 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

Exhibit 24. 

Justification of the Principle of the Prohibition of Night-Work 

of Women. 

The effects of the prohibition of night-work of women, in 
the countries where it embraces workwomen of every age have 
been as follows: 

1. The number of women employed, especially of those above 
twenty-one years of age, has in general increased. It is true that 
the improvements in the processes of technical production, which 
have permitted the use of cheap, and unskilled labor, have been 
a factor in this increase. With regard to women workers as a 
whole ,there is not evident in Great Britain, Germany, Austria, 
France, Holland or in the United States any general decrease 
in opportunities for work. In many places, on the other hand, 
woman's labor has replaced child labor, and as a result of the 
enlargement of a certain number of establishments, a more in- 
tensive workday has been substituted, in the case of women, for 
night-work. 

2. In consequence of this increase of demand, women have 
not in general suffered a loss in wages, and on the contrary, the 
wage has been increased in many cases by reason of greater 
rapidity and better quality of work. 

3. It has been observed that coincident with the prohibition of 
night- work of women in the States in which it has been put 
into force, there has been a decrease in the death rate both of 
women and children. The rate of mortality among women has 
decreased in Great Britain and in Germany, more rapidly than 
the rate of mortality among men. 

4. The greater powers of resistance and the better health 
evidenced among women in the States where night-work has 
been suppressed, and where the length of work has been de- 
creased and rest increased, have permitted housewives to better 
perform their domestic duties ; the preparation of food, bringing 
up and care of children, the keeping of the linen in repair and the 
home in order, etc., etc. 

5. It has been established also that neither the prohibition of 
night-work of women nor the limitation of their day work have 

325 



THE INTERNATIONAL PROTECTION OF LABOR 

exercised any appreciable influence on exportation especially in 
that which concerns manufactured textile products. 

Accordingly then, the prohibition of night- work of women is 
in the first place a measure of public hygiene. It is also neces- 
sary, to secure, from the States which belong to the first category 
of the preceding chapter, such as Japan, Spain and some of 
the States of the Union, the adhesion in principle to the system 
of prohibiting the night-work of women. 

As regards the principal States of the second category of 
the preceding chapter (States where the prohibition applies only 
to young workers), it has been established that the night- work 
of women has almost always been actually practised in certain 
definite industries, and during periods of full operation on the 
part of the industries, in a word, that it is not at all the rule. 
These States should not find any difficulty then, it would seem, 
in establishing the principle of the prohibition of the night-work 
of all women, subject to necessary exceptions which will be 
treated later. 

Finally, in States where night-work has been limited to cer- 
tain kinds of industry, it should be of interest to obtain, as a 
transitional provision in the countries which have not yet adopted 
this measure, the extension of the prohibition of night- work to 
all shops, even if not provided with motor power. The excep- 
tions permitting night-work of women in small establishments 
without motor power, are very harmful to the health of the women 
workers. Remembering the difficulties in the way of applying 
this measure to women working at home, it is necessary to ob- 
tain from the various States legal protection at least for all women 
working in shops. 

Only after the prohibition of night-work of women in the 
small shops has been obtained, can the work be continued and a 
similar prohibition be obtained for home work. 

(Translation: Publications de U Association internationale 
pour la protection legale des travailleurs, No. 4( p. 9-10.) 

Exhibit 25. 
Report of the United States Section of the International High 

Commission. 

"Sir : By the First Pan American Financial Conference, which 

326 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

was held at Washington in May, 19 15, with a view to bring 
about closer financial and commercial relations between the 
American RepubHcs and to that end to foster uniformity of 
law and procedure in such matters, it was recommended that, in 
order to carry out these great objects, there should be created 
an International High Commission, a section of which should 
be established in each country. This recommendation was 
promptly carried into effect in the countries concerned; and by 
the act of Congress of February 7, 1916, the United States sec- 
tion was endowed with a legal status. Each section consists of 
nine members, and is composed of jurists, financiers, and tech- 
nical administrators. 

"During the past quarter of a century a great good has been 
accomplished by means of conferences between the independent 
countries of America, such as the four international American 
conferences (Washington, 1889-90; Mexico, 1901-2; Rio de 
Janeiro, 1906; Buenos Aires, 1910), the Conference on the Coffee 
Trade (New York, 1902), the Customs Congress (New York, 
1903), and the series of sanitary conferences, the fifth of which 
was held in Washington in 1905. But in spite of all that had 
been attained there was a general sense of the need of direct, 
continuous, sustained effort to improve the financial and economic 
relations between the Americas and to remove the obstacles 
which existed in their satisfactory development. To meet this 
want is the prime object of the International High Commission 
and its respective national sections. 

"Students of the history of international co-operation agree 
that there are three fundamental factors in a successful inter- 
national union — (i) periodical conferences, (2) an international 
organ or bureau, (3) an effective means of carrying out the 
measures adopted. In the relations of the American Republics 
during the last 25 years the first two elements have not been 
lacking. The American Governments have repeatedly mani- 
fested their willingness to enter into the discussion of their com- 
mon problems ; and in the Pan American Union they have an 
organ which has, under the wise guidance of the diplomatic rep- 
resentatives of American Republics at Washington, contributed 
and will continue richly to contribute to the harmony and pros- 
perity of the American nations. 

327 



THE INTERNATIONAL PROTECTION OF LABOR 

"What has been wanting is a persistent and organized eifort 
to carry out the recommendations of the conferences. In con- 
trast with the readiness to sign conventions on technical matters 
there has been at time some reluctance to ratify them. The 
United States has occasionally been remiss in this regard, and 
the members of the United States section of the International 
High Commission consider it important to urge prompt fulfill- 
ment of this duty. 

*** * * An early meeting of the commission was decided 
upon for the purpose of determining its modus operandi and of 
giving the necessary stimulus to useful study. Tentatively, No- 
vember I, 1915, was fixed as the date and Buenos Aires as the 
place, but it was later found necessary to allow more time, and 
the date was changed to April 3, 1916." 

* * * 

Topic VIII. Report of the Sixth Committee. 

"The topics considered by this committee were proposed by 
the Uruguayan and Argentine Governments, respectively. With 
reference to labor legislation. His Excellency, Pedro Cosio, the 
Minister of Finance of Uruguay, pointed out the difficulty in 
improving the conditions under which productive labor is car- 
ried on and urged the need of insuring general knowledge of 
the principles of labor legislation. In order that America may 
be the "land of promise" he insisted that it must defend the 
laborer from excessive hours, unfair wage conditions, and danger- 
ous occupations. The workman and workwoman must be as- 
sured, too, that society will not abandon them if they fall sick 
from overwork nor permit them to be reduced to starving or 
begging if they arrive at old age in poor circumstances, and, 
that, finally, society will find sure means of educating them and 
of aiding and encouraging them in their just and legitimate 
aspirations. 

"The commission was impressed by the general desire to co- 
operate more effectively in protecting and strengthening the labor- 
ing population of the Americas. As, however, an international 
labor convention is not practicable now, the commission could 
©nly recommend that each Government enact progressive labor 
and social welfare legislation and provide for systematic exchange 
of technical and statistical literature. 

328 



LABOR RESOLUTIONS INTERNATIONALLY SUBSCRIBED 

"The Department of Labor of the United States and similar 
departments in Latin America might easily exchange all their 
publications; and the system could be extended so as to include 
all civic bodies interested. The publication of the Pan American 
Union will possibly serve to make better knov^n the v^ork accom- 
plished in this field in the United States and in Europe; and 
legislative and executive commissions, as well as organizations 
of the character of the American Society for Labor Legislation, 
will wish to co-operate with the Pan American Union. Thus those 
countries whose economic and industrial conditions give suffi- 
cient promise of sustained public interest in this subject, may 
soon avail themselves of the excellent procedure devised by the 
International Labor Association for the conclusion of interna- 
tional labor agreements." 

(International High Commission, United States Section. Re- 
ports. 64th Congress. 2nd Session. House of Representatives, 
Document No. 1788, pp. 5-6, 23-24.) 



329 



I> 



BIBLIOGRAPHY 



BIBLIOGRAPHY. 

Contents. 

Key to Periodicals 334 

Publications in German 339 

1904 ''''*'''!!!!!'!!!!!;;!!!!;!!;!;;;; 340 

International Labor Congresses 34O 

International Labor Organizations "* 341 

1905 !!!;!;;!!:;;:; 342 

International Labor Congresses 342 

International Labor Organizations 343 

1906 ..■.■:.■.■.■;.■.■.■ 344 

International Labor Conferences 344 

International Labor Legislation 345 

International Labor Organizations 34^ 

1907 ...'.■.■.■;.■.■.■ 346 

International Labor Conferences 345 

International Labor Legislations 348 

International Labor Organizations 349 

1908 *;.*.*.' 349 

International Labor Legislation 353 

International Labor Congresses 352 

International Labor Organizations 353 

1910 ',[].]', 353 

International Labor Congresses 353 

International Labor Legislation 355 

International Labor Organizations 355 

1911 ....; 356 

International Labor Congresses 356 

International Labor Legislation 357 

International Labor Organizations 358 

1912 358 

International Labor Congresses 358 

International Labor Legislation 359 

Interantlonal Labor Organizations 359 

1913 359 

International Labor Congresses 359 

International Labor Legislation 362 

International Labor Organizations 362 

1914 363 

International Labor Congresses 363 

International Labor Legislation 363 

International Labor Organizations 364 

332 



1915 364 

International Labor Legislation 364 

International Labor Organizations 364 

Publications in French 364 

1904 368 

International Labor Conferences 368 

1905 369 

International Labor Conferences , 369 

1906 370 

International Labor Conferences 370 

International Labor Legislation 370 

1907 371 

International Labor Conferences 371 

International Labor Legislation 371 

International Labor Organizations 371 

1908 yi2 

International Labor Legislation 372 

International Labor Organizations 372" 

International Labor Congresses 372 

1909 ZIZ 

International Labor Legislation ZIZ 

International Labor Congresses ZlZ 

International Labor Organizations 373 

1910 373 

International Labor Congresses 374 

1911 374 

International Labor Conferences 375 

1912 375 

International Labor Congresses 375 

1913 376 

International Labor Congresses 376 

1914 377 

International Labor Congresses zn 

International Labor Legislation Zll 

Publications in English 378 

1904-1915 378 

Publications in Italian 382 

1904-1914 382 

Publications in Spanish 385 

Publications in Roumania 386 

Publications in Sweden 386 

Publications In Hungary 386 

Publications In Denmark 387 

Publications In Holland 387 

Publications in Finland 387 



333 



THE INTERNATIONAL PROTECTION OF LABOR 

PERIODICALS. 

A.Cath. — ^Association catholique, Paris. 

Ace. et Ass. — Congres international des Accidents du travail et des Assur- 
ances sociales, Bulletin du Comite permanent, Paris. 

A.d. — Archives diplomatiques. 

A.D.G.Z. — ^Allgemeine Deutsche Gartner-Zeitung, Berlin. 

A.F. — ^American Federationist, Washington. 

A.Fr. — Arbeiterfreund, Berlin. 

A.G. — ^Arbeitgeber, Berlin. 

A.Gen. — Arbeitergenossenschaft, Wien. 

Ai.Z. — Arbeiterinnenzeitung, Wien. 

A.M. — ^Arbeitsmarkt, Berlin. 

Am. — ^Ameise, Charlottenburg. 

A.N.M.I. — ^Amtliche Nachrichten des Minlsteriums des Innern, Wien. 

A.O. — ^Association ouvriere, Paris 

Ar. — Akademie revue socialistika, Prag. 

A.R. — Allgemeine Rundschau, Leizig. 

A.S. — ^Arbeiterschutz, Wien. 

A.S.G. — Annalen fiir Sozialpolitik und Gesetzgebung, Berlin. 

Ask. — Arbetarsskyddet, Stockholm. 

A.S.S. — Archiv fiir Sozialwissenschaft und Sozlaloplitik, Tiibingen. 

Ass. — L'Assicurazione. 

A.St. — Arbeiterstimme, Bern. 

A.T.Fin. — Afbetsstatistik Tidskrift utgiven af industristyrelsen i Finland, 
Helsingfors. 

A.V, — Arbeiter- Verso rgung, Grunewald-Berlin. 

B. — Blatter fiir Armenwesen, Graz. 

B.A.L.C. — Bulletin de I'Association Internationale pour pour la lutte centre 
le chomage, Paris. 

B.Arb. — Bergarbeiter, Oberhausen (Rheinland). 

B.Arg. — Boletin de la Union industrial argentina, Buenos Aires. 

B.A.S. — Bulletin des assurances sociales, Paris. 

B.C.T. — Bulletin du Comite central du Hravail industriel, Bruxelles. 

B.D.T. — Boletin del Departamento Nacional del Trabajo, Buenos Aires. 

B.F.N. — Bulletin de la Federation nationale du batiment et des travaux 
publics, Paris. 

B.G. — Blatter fiir Genossenschaftswesen, Berlin. 

Bhd. — Der Ban handwerker, Magdeburg. 

B.Intl. — Bulletin der internatlonalen Union der Holzarbeiter, Berlin. 

B.L.S.A. — Bulletin des Ligues sociales d'acheteurs. 

B.M.I.E.S. — Bulletin mensuel des Institutions economiques et sociales (In- 
stitut International d'agri culture), Rome. 

B.M.T.— Bulletin du Minlstere du Travail, Paris. 

Bol.M.S. — Boletin del Museo Social, Barcelona. 

B.O.T.— Bulletin de I'office du travail, Paris. 

334 



BIBLIOGRAPHY 

B.R.S. — Boletin del Instituto de Reformas Sociales, Madrid. 

B.R.V. — Blatter fiir vergleichende Rechtswissenscfaaft und Volkswirt- 
schaftslehre, Berlin. 

B.S.t.R. — Buletinul Statistic al Romaniei, Bucarest. 

B.S.V. — Blatter fiir selbstverwaltung, Briinn. 

B.U.L. — Bollettino dell'Ufficio del lavoro, Roma. 

B.U.L.(N.S.)— Bollettino dell 'Ufficio del lavoro (Nuova Serie) Roma. 

B.Z. — Bildhauer-Zeitung, Berlin. 

C. — Concordia, Berlin. 

C.G.D. — Correspondenzblatt der Generalkommission der Gewerkschaften 
Deutschlands, Berlin. 

C.F.L. — Confederazione del lavoro, Milano. 

Conf.L. — Confederazione del lavoro, Milano. 

Co. — Der Coiffeur, Bern. (Coiffeurgehilfen-Zeitung) 

Cr. — Courier, Publikationsorgan des Deutschen Transportarbeiter-Ver- 
bandes, Berlin. 

Cr.s. — Critica sociale, Milano. 

D.B.K.Z. — Deutsche Backer-und Konditoren-zeitung, Hamburg. 

D.C. — Dominion of Canada, Labour Gazette (Dominion du Canada, Ga- 
zette du Travail), Ottawa. 

Dev. — Devoir, Paris. 

E.B. — English Bulletin of the International Labor Office. 

Ec.Fr. — Economiste francais, Paris. 

Eis. — Eisenbahner, Wien. 

E.J. — Economic Journal, London. 

E.S. — Espana Social, Madrid. 

E.Z. — Oesterreichische Eisenbahnzeitung, Wien. 

F.B. — French Bulletin of the International Labor Office, 

Fr. — Frauenbewegung, Berlin. 

Frk.Z. — Frankfurter Zeitung, Frankfurt. 

G. — Gewerkverein, Berlin. 

G.B. — German Bulletin of the International Labor Office. 

Gen. — Genossenschaft, Wien. 

Gew. — Gewerkschaft, Berlin. 

G.Ing. — Gesundheits-Ingenieur, Miinchen. 

Gl. — Gleichheit, Stuttgart. 

G.P. — Graphische Presse, Berlin (formerly Leipzig). 

G.R. — Gesetz und Recht, Breslau. 

Gr. — Grundstein, Hamburg. 

G.Sch (or Gsch.) — Gewerkschaft, Wien. 

H. — Handelsstand, Hamburg. 

H.A. — Heimarbeiterin, Berlin. 

H.G.Z. — Handlungsgehiilfenzeitung, Berlin-Hamburg. 

H.M. — Handelsmuseum, Wien. 

Ho.A. — Holzarbeiter, Koln. 

335 



THE INTERNATIONAL PROTECTION OF LABOR 

Ho. — Der Hoteldiener. 

H.T. — Helvetische Typographia, Basel. 

H.Z. — Holzarbeiterzeitung, Berlin (formerly Stuttgart). 

I. — Industrie, Wien. 

I.G. — Internationales Genossenschafts-Bulletin, Ziirich. 

I. :M. :R:. — Internationale Metallarbeiter- Rundschau, Stuttgart. 

J. — Jugendfiirsorge Berlin. 

J.A. — Jugendliche Arbeiter, Wien. 

J.L. — ^Justice, London. 

J.L.N.Z. — ^Journal of Department of Labour, New Zealand, Wellington. 

J.St.S. — Journal of the Royal Statistical Society, London. 

K. — Kampf, Wien. 

K.Bl. — Korrespondenzblatt d. Verbandes der Tapezierer und verwandter 

Berufsarten Berlin. 
K.R. — Konsumgenossenschaftliche Rundschau, Hamburg. 
Ku. — Kupferschmled. 
L.A. — ^Ledararbeiter, Berlin. 

L.G. — ^Labor Gazette, London (Board of Trade). 

L.Gen. — Oesterreichische landswirtschaftliche Genossenschaftspresse, Wien. 
L.L. — ^Lajbor Leader, London. 
M. — Mutualidad, Madrid. 
M.A.S. — Medicina delle assicurazlone sociali. 
M.C.B.S. — Maandschrift van het Centraal Bureau voor de Statistiek, 

*sGravenhage 
Medd. — Sociala Meddelanden fran k. Kommerskollegii Afdeling for 

Arbetsstatistik, Stockholm. 
M.R. — Medizinische Reform, Berlin. 
M.R.V.K. — Mitteilungen des Rheinischen Vereins fiir Kleinwohnungs- 

wesen, Diisseldorf. 
M.S. (Ann.) — Musee Social (Annales), Paris. 
M.soc. — Mouvement social, Paris. 
N.F. — Nordisk T. for Faengselsvaesen. 
N.T. — Nationalokonomisk Tidsskrift, Kjobenhavn. 
N.Y. — New York Department of Labor Bulletin, Albany. 
N.Z. — Neue Zeit, Stuttgart. 

O.e.M. — Oesterreichischer Matallarbeiter, Wien. 
Oe.Zop.V. — Oesterreich, Zeitschrift fiir offentliche und private Verslcher- 

ung, Wien. 
P. — Proletareler, Hannover. 
P.O. — Parlement et Opinion, Paris. 
Q.J. — Quarterly Journal of Economics, Boston. 
Q.P. — Questions pratiques de legislation ouvriere et d'economie sociale, 

Paris. 
R.A. — Reichsarbeitsblatt, Berlin, 

Ram. — Ramazzini, Firenze. (Giornole Italiano di medicina sociale). 
R.D.I.P. — Revue de droit international prive. 



BIBLIOGRAPHY 

Ref.Soc. — Reforme Sociale, Paris. 

Rev.C. — Revista catolica de las questiones sociales, Madrid. 
Rev.ecint. — Revue economique Internationale, Paris. 
Rev. Tr. — Revue due travail, Bruxelles. 
R. I. C. — Revue internationale du cliomage, Paris. 
Rif.Soc. — Riforma sociale Torino-Roma. 
R.P.P. — Revue politique et parlementaire, Paris. 
R.S.A.T. — Revue suisse des accidents du travail, Geneve. 
R.S.C. — Revue socialiste catholique, Louvain. 
S. — Lo spettatore, rivista politica, Roma. 
S.B. — Staats-Burger, Leipzig und Berlin. 

S.B.H.I. — Schweizerische Blatter fiir Handel und Industrie (Bulletin com- 
mercial et industriel suisse), Genf. 
Sch. — Schuhmacherfachblatt, Gotha. 
Schm.Z. — Schmiede-zeitung, Hamburg. 
S.C.V. — Schweizer Konsumverein, Basel. 
S.E. — Szakszervezeti Ertesito, Budapest. 
S.K.— Soziale Kultur, M.— Gladbach. 
S.K.V. — Schweizer Konsumverein, Basel. 
S.M. — Sozialistische Monatshefte, Berlin. 
S.P. — Soziale Praxis, Berlin. 
S.R. — Soziale Rundschau, Wien. 

S.R.V. — Soziale Rundschau (Wachenbeilage zum "Vaterland.") Wien. 
S.T.— Sozial-Technik, Berlin. 

S.W.S. — Schweizerische Blatter fiir Wirtschafts — und Sozialpolitik, Bern. 
S.Z. — Sattler Zeitung, Berlin. 
Tab. — ^Tabakarbeiter, Leipzig. 

T.A. — ^Tidskrift for Arbejderforsikring, Kj^benhavn^ 
T. — ^Times, London. 
T.B.— Textilarbeiter, Bern. 
Tex. — ^Textilarbeiter, Berlin. 
Tex. W.— Textilarbeiter, Wien. 
T.L— Tidskrift for Industria. 
T.M.E. — Tarsadalmi Museum Ertesitoje, Budapest* 
T.N. — ^Travail national, Paris. 
To.— Topfer, Berlin. 

T.Z. — Textilarbeiter-Zeitung, Diisseldorf. 
Um. — ^Umanitaria, Milano. 
V. — Vorwarts. 

V.Bl— Volkswirtschaftliche Blatter, Berlin. 
V.I.N. — Vie internationale, Bruxelles. 

V.M.U.— Volkswirtschaftliche Mitteilungen aus Ungarn, Budapest 
W.A.Z. — Westdeutsche Arbeiterzeitung, M. — Gladbach. 
W.I.N. — Women's Industrial News, London. 
W.L.L. — World's Labour Laws, London. 
W.N.O. — ^Wochenschrift des niederosterreichischen Gewerbvereine. 

337 



THE INTERNATIONAL PROTECTION OF LABOR 

W.S.M. — Wochenschrift fur so2iale Medlzin, Berlin. 

W.T.U. — Women's Trade Union Review, London. 

W.Y.T. — Women's Trade Union Review, London. 

Y.R. — Yale Review New Haven. 

Z. — Zimmerer, Hamburg. 

Z.C.G.D. — Zentrallblatt der christlichen Gewerkschaften Deutschlands, 

Koln. (M Gladbach) 
Z.G.H. — Zeitschrift fiir Gewerbehyglene, Unfallverhiitung und Arbeiter- 

wohlfahrtseinrichtungen, Wein. 
Z.G.St. — Zeitschrift fiir die gesamte Staatswissenschaft, Tiibingen. 
Z.K.J. — Zeitschrift fiir Kinderschutz und Jugendfiirsorge, Wien. 
Z.R. (orZrd) .— Zeitrad, Wien. 

Z.Vers. — Zeitschfirt fiir die gesamte Verslcherungswissenschaft, Berlin. 
Z.V.S.V. — Zeitschrift fiir Volkswirtschaft, Sozialpolitik und Verwaltung, 

Wien, Leipzig. 



338 II 

ly 



BIBLIOGRAPHY 

PUBLICATIONS IN GERMAN 

1. Adler, Georg. — Die Frage des internationalen Arbeiterschutzes. 

(1888). 

2. Bulletin des Internationalen Arbeitsamtes. 

3. Dochow, F. — Zeitschrift fiir internationales Privat — und offentliches 
Recht, Liepzig, 1906. 

4. Francke, E. — Der Internat. Arbeiterschutz, Dresden, 1903. 

5. Schriften der internationalen Vereinigung fiir gesetzlichen Arbeits- 
schutz, Jena, 1901-1906. 

6. Schriften der internation. Vereinigung fiir gesetzlichen Arbeiterschutz. 
Berichte und Verhandlungen der Konstituierenden Versammlung, 
abgehalten zu Basel, am 27. und 28. September 1901. Herausgegeben 
vom Bureau der internationalen Vereinigung fiir gesetzlichen Arbeit- 
erschutz. Jena, G. Fischer; Bern, Schmid & Francke, 1901. 

7. Jahresbericht des internationalen Buchdruckersekretariats pro 190L 
(Rapport annuel du secretariat typographique international pour 1901) 
Basel, Buchdruckerei des Schweizerischen Tyrographenbundes, 1902. 

8. Apostol, Dr. P. N. — Der V. Internationale Arbeiterversicherungskon- 
gress in Paris. Promischlennost i SdorSwje 1902. 1. 

9. VI. internationaler Arbeiterversicherungskongress (Diisseldorf, 17.- 
24. Juni 1902). Bericht des schweiz. Delegierten an den Vorsteher 
des schweiz. Industriedepartements. S. W. S. X. 19. 

10. XI. internationaler Kongress fiir Hygiene und Demographic Briissel. 
Oesterreichisches Sanitdtswesen. XIV. 47., Wien. 

11. Feigenwinter, Dr. E. — Internationale Vereinigung fiir gesetzlichen 
Arbeiterschutz. Monatsschrift fiir christliche Sozialreform, XXIV. 
10. Basel. 

12. Miiller, Dr. H.— Internationaler Arbeiterschutz. Zeit XXXIII. 421. 
Wien. 

13. Fuchs, Dr. — Die Verhandlungen der internationalen Vereinigung fiir 
gesetzlichen Arbeiterschutz in Basel am 9., 10., u. 11. Sept. 1903. S. 
P. XII. 52. 

14. Protokoll der internationalen Buchdruckerkonferenz. Abgehalten am 
14. und 15. April 1903 im Rathaussaale zu Strassburg. Basel 1903. 

15. Internationales Regierungskongress fiir Arbeiterschutz. S. P. XIII. 
30. 

16. Internationaler Genossenschaftskongress in Budapest. L. Gen. 1. 4. 

17. Kongress der Internationalen Genossenschafts-Allianz. A. Gen. II. 4. 

18. Verhandder Steinsetzer, Pflasterer und Berufsgenossen Deutschlands. 

19. Denschrift der erste international Strassenkongress zu Paris und die 
Arbeiterschaft des Steinsetzer— (Pflaster-) Gewerbes. 

20. Hue, O. Internationale Bergarbeiterkongresse N. Z. 1901. 39. 

21. Die Internationale Vereinigung fiir gesetzlichen Arbeiterschutz. H. 
M. 1901 XVI. 43. 

339 



THE INTERNATIONAL PROTECTION OF LABOR 

22. Internationaler Kongress de socialistischen Transportarbeiter in Paris. 
S. R. II. 2. 

23. Gugax, Dr. P. — Der internationale Textilarbeiterkongress in Zurich 
(1-6 Juni). S. W. S. X. 12. 

24. Baudert, A. — Der fiinfte internationale Textilarbeiterkongress. N. Z. 
XX. 2, 13. 

25. Internationaler Textilarbeiter kongress C. G. D. XII. 26. 

26. Francke, Prof. Dr. C. — Der Internationale Arbeiterversicherungskon- 
gress in Diisseldorf. S. P. XI. 38. 

27. Der VI. internationale Arbeiterversicherungskongress in Diisseldorf. 
S. P. XI. 40. 

28. VI internationaler Arbeiterverischerungs kongress. (Diisseldorf. 17- 
24. Juni 1902) S. W. S. X. 19. 

29. Zum VI internationalen Wohnungskongress in Diisseldorf. S. P. XL 
2>7, 39. 

30. Der VI. internationale Wohnungskongress 1902. S. R. III. 7. 

31. Der internationale Bergarbeiterkongress. S. P. XI. 36. 

32. Der fiinfte internationale Genossenschaftskongress. S. P. XI. 45. 

33. Der fiinfte internationale Textilarbeiterkongress. S. P. XI. 2)7. 

1904. 

1. Jahresbericht des Internationalen Buchdruckersekretariats pro 1903. 
Basel, Schweiz. Typographenbund, 1904. 

2. Hertz, Dr. Jak. Internationaler Arbeiterschutz. S. M. 1904. XXX. 8. 

3. Die franzosisch-italienische Arbeiterschutzkonvention. A. A. 1904. 
II. 4. 

4. Internationaler Arbeitsmarkt (Belglen, Deutsches Reich, England, 
Frankreich, April 1904) S. R. 1904. V. 6, 7, 8. 

5. Internationaler Arbeitsmarkt (Belgien, Deutsches Reich, England, 
Frankreich vom Juli 1904 bis Marz 1905.) S. R. 1904. No. 9. 10. 11. 
12; 1905. No. 1. 2. 3. 4. 5. 

6. Internationale Streikstatistik. (Der Arbeitsmarkt (Jastrow) 1904. 
VIII. No. 1. 

7. Ein Internationales Gesundheitsamt. B. S. V. 1904. XV. No. 21; Die 
Humanitdt, 1904. XVII. 12., Reichenberg; B. S. V. 1904. XV. 17. 

8. Erster internationaler Bericht uber die Gewerkschaftsbewegung 1903. 
Herausgeg. von dem Internationalen sekretar der gewerkschaftlichen 
Landeszentralen. Verlag der Generalkommission der Gewrkschaften 
Deutschlands. Berlin 1904. 

International Labor Congresses. 

1. Schmid, F. — Der XL internationale Kongress fiir Hygiene und Demo- 
graphic in Briissel 1903. Bericht zu Handen des h. schweiz. Bundes- 
rates erstattet. Bern, Scheitlin Spring & Cie., 1904. 

2. Internationales Informationsbureau der Metallarbeiter. Bericht der 



BIBLIOGRAPHY 

englischen Sektion 1904. Zur Benutzung fiir den internationalen 
Metallarbeiterkongress in Amsterdam. Herausgegeben in Auftrage 
des vorbereitenden Ausschusses. 1904. 
3. Generalversammlung (III.) der internat. Vereinigung f iir gesetzlichen 
Arbeiterschutz. S. P. XIV. 1904 1. 

5. Generalversammlung der internationalen Arbeiterschutzvereinigung in 
Basel. C. G. D. 1904. XIV. 40. 

6. Internationale Berufskongresse. C. G. D. 1904. XIV. 29. 

7. Bohmert, Prof. Dr. V. — Der III. internationale Frauenkongress in 
seinen Beziehung zur Arbeiterfrage. A. Fr. 1904. XLII. 2. 

8. Die interessen der Arbeiterinnen und der internationale Frauenkon- 
gress. C. G. D. 1904. XIV. 26. 

9. Der VI. Kongress der Internat. Genossenschafts — Allianz. Nachrich- 
ten des Verhandes landswirtschaftlicher Genossenschaften in Schle- 
sien. 1904. IX. 14. Bielitz; Gen. 1904. XXXIII. 32. 

10. Der VI. internationale Genossenschaftskongress in Budapest. Blatter 
fiir Genossenschaftswesen, 1904. 27. 

11. Die internationale Arbeiterschutzkonferenz. I. 1904. IX. No. 43. 

12. Vom internationalen Sozialisten Kongresse in Amsterdam. I. 1904. IX. 
No. 37. 

13. Kautsky, K.— Den Kongress zu Amsterdam. N. Z. 1904. XXII. 2. Bd. 
No. 48. 

14. Wolff, H. W. — Der internationale Genossenschaftskongress zu Buda- 
pest. B. G. 1904. No. 48; A. Fr. 1904. XLII. 

15. Der internationale Genossenschaftskongress In Budapest. L. Gen. 1904. 
I. No. 14; A. Gen 1904. II. 11 ; Gen. 1904. XXXIII. No. 45. 41. 42; 
S. C. V. 1904. IV. No. 49-51, 53. IV. No. 46. 47. 48. 

16. Der internationale Genossenschaftskongress in Budapest und die 
Konsumgenossenschaftliche Bundschau. Gen. 1904. XXXIII. No. 46. 

17. Zum VI. internationalen Genossenschaftskongress in Budapest. S. C. 
V. 1904. IV. No. 36. 37. 38; B. G. 1904. No. 45. 

18. Internationale Gewerkschaftskongress. Gsch. 1904. n. f. VI. No. 17. 

19. Tabakarbeiterkongress, ein internationalen Ai. Z. 1904. XIII. No. 20. 

20. Transportarbeiterkongress, der internationale. Zrd. 1904. I. No. 5. 

21. III. Generalversammlung der Internat. Vereinigung fiir gesetzlichen 
Arbeiterschutz. S. R. 1904. 10. 

International Labor Organizations. 

1. Schweizerische Vereinigung zur Forderung des internationalen 
Arbeiterschutzes. Heft 9. I. Statuten der schweizerischen Vereinigung 
vom 17. Dezember 1903. 11. Bericht des Vorstandes . uber die Tatig- 
keit des Vereins in 2. Halbjahre 1903. Bern 1904. 

2. Internationale Vereinigung fiir gesetzlichen Arbeiterschutz. B. S. V. 
1904. XV. No. 22. 

3. Gesellschaft fiif soziale Reform, Internationale Vereinigung fiir 

341 



THE INTERNATIONAL PROTECTION OF LABOR 

gesetzlichen Arbeiterschutz. A. S. 1904. XV. No. 20. 

1905. 

1. Verhandlungsbericht der 3. Gen. Vers, des Komitees der internat 
Vereinig. fiir gesetzl. Arbeiterschutz, nebst Jahresberichten der in- 
ternat. Vereinig, und des internat. Arbeitsamtes. Herausgeg. vom 
Bureau, Jena, G. Fischer, 1905. 

2. Die internationale Regelung des Arbeiterschutzes. Die Phosphorfrage 
Die Arbeit. 1905. XII. No. 16. Wien. 

3. Jahresbericht des internat. Buchdruckersekretariats fiir 1904. Basel, 
Schweiz. Typogr. Bund, 1905. 

4. Der Jahresbericht der internationalen Genossenschafts — Allianz. Gen. 
1905. XXXIV. No. 32. 

5. Internat. Arbeitsmarkt. S. R. 1905. VI. No. 6-9; R.A. 1905. III. 
No. 5-10. 

International Labor Congresses. 

1. Der internationale Frauenkongress in Berlin 1904. Bericht mit ausge- 
wahlten Referaten. Herausgeg. im Auftrage des Vorstandes des 
Bundes deutscher Frauenvereine von Marie Stritt. Berlin, C. Habel, 
1905. 

2. Bohmert, Prof. V. — Die internationalen Bestrebung fiir Arbeiterschutz 
und Volkerfrieden. (Ein Kernpunkt der Arbeiterfrage) A. Fr. 1905. 
XLIII. 2. 

3. Frey, E. — Die internat. Arbeiterschutzkonferenz in Bern. S. W, S. 
1905. XIII. 17. 

4. Zinner, D. — Die internationale Arbeiterschutzkonferenz in Bern. C. 
G. D. 1905 XV. No. 23. 

5. Die internationale Regelung des Arbeiterschutzes. (Zu den letzten 
Beschliissen der Berner Konferenz) Die Arbeit. 1905. XII. No. 841. 
Wien. 

6. Die Berner Regierungskonferenz fiir internat. Arbeiterschutz und das 
Weissphosphorverbot. A. S. 1905. XVI. No. 11. 

7. Zur internationalen Arbeiterschutzkonferenz in Bern. A. S. 1905. 
No. 12. 

8. Die internationale Arzeiterschutzkonferenz. Z. G. H. 1905. XIV. 
No. 16. 

9. Internationale Konferenz fiir Arbeiterschutz in Bern vom 8.-17. Mai 
1905. R. A. 1905. III. No. 7. 

10. Internat. Arbeiterschutzkonferenz in Bern. S. R. 1905. VI. No. 6. 

11. Baudert, A. — Der VI internationale Textilarbeiterkongress in Mailand. 
N. Z. 1905. XXIII. 11. No. 44. 

12. Kongress, III. internat. der christl. Textilarbeiterorganisationen in 
Liittich vom 2. bis 1. August, 1905. R .A. 1905. III. No. 11; S. 
P. 1905. XIV. No. 45. 

13. Internationaler Textilarbeiterkongress, III. Der christliche Gewerk- 
schafter, 1905. 11. No. 16. Wien. 

342 



BIBLIOGRAPHY 

14. Der Internationale Textilarbeiterkongress in Mailand. Oesterretch- 
ische Wollen~imd Leinenindustne, 1905. XXV. No. 14. Richenberg. 

15. Internationaler Kongress, II. der gegenseitigen Hilfsund Kranken- 
kassen in Luttich. A. S. 1905. XVI. No. 17. 18. 

19. Der VI internat. Textilarbeiterkongress. S. P. 1905. XIV. No. 42. 

20. Internat. Tuberkulosekongress III. S. P. 1905. XV. 5. 

21. Die internat. Konferenz der Sekretare der Gewerkschaftlichen 
Landeszentralen. Gsch. 1905. n. f. VII. No. 13. 

22. Nachlange von der internationalen Gewerkschaftskonferenz. Gsch. 
1905. n. f. VII. No. 14. 

23. Brod. J. — Internationaler Kongress der gegenseitigen Hilfsund 

Krankvereine in Lttich. V olkstumliche zeitschrift fur praktische 
Arheiterversicherung. 1905. XI. No. 18. Magdeburg. 

24. Der VII. internat. Arbeiterversicherungskongress. I. 1905. X. No. 38; 
S. R. 1905. VI. No. 9; Z. G. H. 1905. XIV. No. 17. 

25. Wagner, Dr. M. — Der internat. Arbeiterversicherungskongress. S. 
K. 1905. XXV. 11. 

26. Internat. Wohnungskongress, VII. in Liittich. Zeitscrift filr Woh" 
nungswesen. 1905. III. No. 22. Berlin. 

27. Fuchs, Prof. Dr. K. F. — Der VII. Internationale Wohnungskongress 
in Liittich. S. P. 1905. XV. (I. II.) No. 50. 51. 

28. Der VII. internat. Wohnungskongress. Beamtenhauzeitung, 1905. III. 
No. 9. Wien. 

29. Berlepsch. Die Regierungskonferenz fiir internationalen Arbeiter- 
schutz in Bern. S. P. 1905. XIV. No. 31. 

30. Die amtliche Einladung zur internationalen Regierungskonferenz fiir 
Arbeiterschutz. S. P. 1905. XIV. No. 16. 

31. Internationale Regierungskonferenz fiir Arbeiterschutz in Bern. R. A. 
1905. III. No. 2. 

32. Die Ergebnisse der internationalen Regierungskonferenz fiir Arbeiter- 
schutz in Bern. S. P. 1905. XIV. No. 34. 

33. Von der Berner internationalen Arbeiterschutzkonferenz. S. P. 1905. 
XIV. No. 35; S. R. 1905.. 1. 

34. Der VII. internationale Arbeiterversicherungskongress, Der chrisHche 
gewerkschafter, Wien, 1905. 19. 

35. Stier-Somlo. — Die erste internationale Arbeiterschutzkonvention, 1905. 
B. R. V. Juli. 

36. Internat. Tuberkulosekongress zu Paris; 1905. S. R. 1905. VI. 10. 

International Labor Organizations. 

1. Reichesberg, N. — Bestrebungen und Erfolge der internationalen Vere- 
inigung fiir gesetzlichen Arbeiterschutz und des internationalen 
Arbeitsamtes. S. W. S. 1905.- XIII. No. 3. 4. 5, 

2. Ein Jahrbuch der internationalen Gewerkschaftsbewegung. (1) Gsch. 
1905; N. F. VII. No. 6. 7. 

3. Griindung eines internationalen Gesundheitsamtes. G. Ing. 1905. 
XXVIII. No. 3. 

343 



THE INTERNATIONAL PROTECTION OF LABOR 

1906. 

1. Internationale Regelung der Arbeitzeit in der Baumwollindustrie. I. 
1906. XL 13. 

2. Kleeis, Fr. — Eine internationale Gesellschaft fiir Arbeiterversicherung. 
Volkstilniliche Zeitschrift fiir praktische Arbeiterversicherung, Magde- 
burg, 1906. XII. 2. 

3. Internationale Arbeiterversicherung. Deutsche Wirtschaftszeltung, 
Berlin, 1906. II. 2. 

4. Internat. Jahresbericht des internat. Buchdrucker-Sekretariats, 1905. 
Rapport annual, die Sekretariat Typogr. International. Basel, Schweiz. 
Typogr.— Bund, 1906. 

5. Erster Bericht des internat, Steinhauersekretariats pro 1904 und 

1905. Bern, Unionsdrucherer, 1906. 

6. Dochow, F. — Zeitschrift fiir Internationales Privat-und offentliches 
Recht, Liepzig, 1906. 

International Labor Conferences, 

1. Die internationale diplomatische Arbeiterschutzkonferenz in Bern. Z. 
G. H. 1906. XIII. 17. 

2. Internationaler diplomatischer Arbeiterschutz. Gsch. 1906. VIII, 19. 

3. Der Genfer Kongress der Internationalen Arbeiterassoziation und die 
Gewerkschaftsfrage. C, G. D. 1906, XVI. 41. 

4. Delegiertenversammlung der internationalen Vereinigung fiir gesetz- 
lichen Arbeiterschutz von 27-29 September 1906 zu Genf. A. S, 1906, 
XVII. 20, 

5. Die internationale Regierungskonf erenz fiir Arbeiterschutz. S, P. 1906. 
XVI. 1. 

6. Zur internationalen Regierungskonferenz fiir Arbeiterschutz in Bern. 
A. S. 1906. XVII. 20. 

7. Die internationalen Arbeiterschutz-Staats-vertrage. R. A. 1906. IV. 10; 

S. P. 1906. XVI. 3. 

8. Inter, diplomatische Arbeiterschutzkonferenz Bern 19.-26. Sept.; In- 
ternat. Vereingung fiir gesetzlichen Arbeiterschutz. M. R. 1906. 
XIV. 43. 

9. Internationales Uebereinkommen iiber die Verwendung weissen (gel- 
ben) Phosphors in der zundholzschenindustrie. S, R. 1906, VII, 11, 

10, Internationales Uebereinkommen iiber die industrielle Nachtarbeit der 
Frauen. S. R. 1906. VII. 10. 

11, IV. Generalversammlung der international Vereinigung fiir gesetz- 
lichen Arbeiterschutz. S. R. 1906. VII. 10. 

12, Das internationale Uebereinkommen betreffend das Verbot der Ver- 
wendung weissen (gelben) Phosphor in der Streichholzindustrie, A. 
S. 1906. XVII. 21. 

13, Die Phosphornekrose. Aus den Schriften der internationalen Verein- 

igugng fiir gesetzlichen Arbeiterschutz. A. S, 1906. XVII. 17. 

344 



i 



BIBLIOGRAPHY 

14. Zur Frage des Phosphorverbotes auf der internationalen Arbeiter- 
schutzkonferenz in Bern. A. S. 1906. XVII. 19. 

15. I. Internationaler Kongress gegen Arbeitslosigkeit. S. R. 1906. VII. 11. 

16. Erster internationaler Kongress fiir gewerbliche Berufskrankheiten. 
S. R. 1906. VII. 7. 

17. Interationaler Hutarbeiterkongress, C. G. D. 1906. XVI, 34. 

18. Francke Prof. Dr. E. — Die 4 .Generalversammlung der Interna- 
tionalen Vereinigung fiir gesetzlichen Arbeiterschutz. S. P. 1906. 
XVI. 1. 

19. Hue. O. — Vom internationalen Bergarbeiterkongress. Gew. 1906. X. 
25. 

20. Frey, E. — Verhandlungen der diplomatischen Konferenz fiir inter- 
nationalen Arbeiterschutz. Bern, 17-26. September, 1906. S. W. S. 
XIV. 18. 

21. Kahn, O. — Der I. Internationale Kongress zu bekampfung Arbeits- 
losigkeit. S. P. 1906. XVI. 6. 

22. Kogler, K. — Der VII. Arbeiterversicherungskongress. Z. V. S. V. 
XIV. 6. 

23. Pieper, Dr. — Internationale Vereinigung fiir Gesetzlichen Arbeiter- 
schutz S. K. 1906. XXVI. 11. 

24. Rambousek, Dr. — Der erste Internationale Kongress fiir Arbeiterk- 
rankheiten in Mailand. Z. G. H. 1906. XVIII. 12, 13, 14. 

25. Hahn, M. — Internationale Kongress fiir Gewerbekrankheiten In Mai- 
land. G. 1906. 20 U 21. Juli. 

Mailand. G. 1906. 20 U 21, Juli. 

26. Reichesberg, N. — Die IV. Deleglertenversammlung der Interna- 
tionalen Vereingung fiir gesetzlichen Arbeiterschutz. (Genf. vom 27.- 
29. September 1906) S. W. S. 1906. XIV. 17. 

27. IV. Deleglertversammlung der Internat. Vereinlg. fiir gesetzl. Arbeit- 
erschutz. S. P. 1906. XV. 41. 

28. Der Internat. Transportarbeiterkongress. S. P. 1906. XV. 43. 

29. Weingartz, B. — Internat. Kongress der Bergarbeiter. C. G. D. 1906. 
XVI. 25. 

30. XVII. internationaler Bergarbeiterkongress in London, S. R. 1906. 
VII. 6. 

31. Internat. Konferenz der Handlungs-und Ladengehilfen. C. G. D. 
1906. XVI. 27. 

32. Ein internat. Kongress fiir Arbeiterkrankheiten. S. P. 1906. XV. 40. 

33. Manes A. Eindruck vom Wiener Arbeitsversicherungs — Kongresse. 
Z. Vers. 1906. Jan. 

34. Internat. Verband der Grubenarbeiter. Der 17. internat. Kongress Im 
Westminster Palace Hotel. Victoria Street, London, Dienstag, den S. 
June 1906 und an den folgenden Tagen. Manchester, T. Ashton, 1906. 

International Labor Legislation. 

1. Internationaler Arbeiterschutz. H. M. 1906. XXI. 43. 

2. Schlppel, M. — Die Konkurrenz der fremden Arbeitskrafte znr Tage- 

345 



THE INTERNATIONAL PROTECTION OF LABOR 

sordnung des Stuttgarter Internationalen Kongresses, S. M. 1906. X. 
(XII.) 11. 9. 

3. Kaif, S.— Internationaler Arbeiterschutz. C. G. D. 1906. XVI. 5. 

4. Internationale Arbeiterschutzvertrage. S. P. 1906. XV. 42. 

International Labor Organizations. 

1. Die internationale Gewerkschaftsbewegung. S. P. 1906. XV. 48. 

2. Das Jahrbuch liber die internationale Gewerkschaftsbewegung. Gsch. 
1906. II. Mai. 

3. Springer, R. — Nationalismus und Internationalismus in der Gewerk- 
schaftsbewegung. Gsch. 1906. VIII. 3. 4. 

4. Die Internationale iiber die Gewerkschaften. N. Z. 1906. 22 Sept. 

5. Jannson, W. — Internationales aus der Gewerkschaftsbewegung. N. Z. 
1906. XXIV. II. ZZ. 

6. Der 2 internat. Bericht iiber die Gewerkschaftsbewegung im Jahre 
1904. C. G. D. 1906. XVI. 15. 16. 

7 Die internat. Gewerkschaftsbewegung im Jahre 1904. R. A. 1906. IV. 6. 

1907. 
International Labor Conferences. 

1. Internationale Arbeiterkongresse. H. T. 1907. L. 35. 

2. Vom internationalen Arbeiterkongress. Gew. 1907. 36. S. 721-725. 

3. Der internationale Arbeiterkongress. Gew. 1907. 2>Z, S. 665-668. 

4. Die erste internationale Gemeindearbeiter-Konfrenz. Gew. 1907. 34, S. 
681-686. 

5. Vom internationalen Sozialistenkongress. G. 1907. 68, S. 269. 

6. Vom XVIII. internationalen Bergarbeiterkongress. G. 1907. 76, S. 
302-303. 

7. Der internationale Sozialistenkongress. 1907. E. Z. 1907. 21, S. 1. 

8. Internationale Transportarbeiterkonferenz. E. Z. 1907. 25, S. 6. 

9. Der internationale Kongress in Stuttgart. A. St. 1907. 17, S. 133-135. 

10. Kautsky, K.— Der Stuttgarterkongress. N. Z. 1907. XXV. 48. 

11. Michels, R. — Der erste internationale Kongress zur Kekampfung der 
Arbeitslosigkeit. N. Z. 1907. XXV. 14. 

12. Reichesberg, J. — Der internationale Sozialistenkongress in Stuttgart. 
S. W. S. 1907. 12. 

13. Die Gewerkschaftsfrage auf dem Internationalen Sozialistenkongress 
in Stuttgart. Z. C. G. D. 1907. VII. 20. 

14. Internationaler Kongress fiir Sonntagsgruhe. Z. C. G. D. 1907. VII. 23. 

15. Internationaler Bergarbeiterkongress. Z .C. G. D 1907. VII. 20. 

16. IV. internationaler Kongress christlicher Textilarbeiterorganisationen. 
Z. C. G. D.. 1907. VII. 18. 

17. Zum internationalen soziallstlschen Arbelter-und Gewerkschaftskon- 
gress in Stuttgart. C. G. D. 1907. 33, S. 513-515. 

18. 5. Internationale Konferenz der Sekretare der gewerkschaftlichen 
Landeszentralen. C. G. D. 1907. 39, S. 617-620. 

346 



I 



BIBLIOGRAPHY 

19. Sechster internatioiialer Kongress der Lithographer! Steindrucker 
verw. Berufe. C. G. D. 1907. 41, S. 653. 

20. Der vierzehnte Internationale Kongress fiir Hygiene und Demo- 
graphei. C. G. D. 1907. 41, S. 656. 

21. Internationale Berufskonferenz. C. G. D. 1907. 35, 36, 37, 38, 39, S. 
554-555, 569-571, 589-590, 600-602, 620-623. 

22. Internationale Berufskongress und Konferenzen. C. G. D. 1907. 22, 
S. 344-345. 

23. Achtzehnter internationaler Bergarbeiterkongress in Salzburg; C. G. 
D. 1907. 41. S. 653-655. 

24. Vom internationalen sozialistischen und Gewerkschaftskongress in 
Stuttgart. C. G. D. 1907. 35, S. 550-554. 

25. Internationaler Buchdruckerkongress. C. G. D. 1907. 32, S. 505. 

26. Kloth, E. — Internationale Konferenz der Vertreter der Buchbinder- 
Verbande. C. G. D. 1907. 31, S. 494-496. 

27. Internationale Steinsetzerkonferenz. C. G. D. 1907. 9, S. 140-141. 

28. Internationale Gewerkschaftskongresse. S. P. 1907. XVI. 49. 

29. Der 14, internationale Kongress fiir Hygiene und Demographie. S. P. 
1907. XVII. 3. 

30. Der 18. internationale Bergarbeiterkongress in Salzburg. S. P. 1907. 1. 

31. Die internationale Zimmererkonferenz. S. P. 1907. XVI. 31. 

32. Internationale Gewerkschaftskongresse. G. P. 1907. XX. 38. 

33. Internationale Gewerkschaftskongresse. Gsch. 1907. 17. 18. 19, S. 345- 
348, 369-371, 380-383. 

34. Fiinfte internationale Konferenz der Sekretare der gewerkschaftlichen 
Landeszentralen in Christiania. Gsch. 1907. 18, S. 358-365. 

35. Internationale Fachkongresse. Gsch. 1907. 16, S. 331-334. 

36. Sechster internationaler Lithographenkongress. Gsch. 1907. 19, S. 379- 
380. 

37. Worner, Z. — Ergebnisse des internationalen Kongresses fiir Versicher- 
ungswissenschaft. Z. G. St. 1907. 2. 

38. Internationaler Kongress der Bacher, Konditoren und Verwandter 
Berufsgenossen. V. 1907. 29, VIII. 

39. XVIII. internationaler Bergarbeiterkongress in Salzburg. B. Arb. 
1907. X. 39, 40, 41. 

40. 18. Internationaler Bergarbeiterkongress. W. A. Z. 1907. IX. 40. 

41. Der 18. internationale Bergarbeiterkongress in Salzburg. A. S. XVIII. 
20, S. 322-323. 

42. VIII. internationaler Wohnungskongress in London. W. S. M. 1907. 
33, S. 391-393; M. R. 1907. 15 Aug. 

43. Katscher, L. — Vom achten internationalen Volkswohnungskongress. 
Gen. 1907. 37, 38. 

44. Internationaler Kongress fiir Hygiene und Demographie. J. 1907. 9. 
XIV. 

45. Mitteilung, betr. die Veranstaltung eines internationalen Kinder- 
schutzkongresses in Berlin. B. 1907. 7. 8. 

347 



THE INTERNATIONAL PROTECTION OF LABOR 

46. Die Internationale Jugendkonferenz in Stuttgart. J. A. 1907. 10, S. 3. 

47. Erster Internationaler Kongress der Bacher, Konditoren und ver- 
wandter Berufsgenossen, abgehalten zu Stuttgart am 24, und 25. 
August 1907. Hamburg, Allmann, 1907. 

48. Sechster internationaler Kongress der Lithographen und Steindrucker, 
1907. Abgehalten am 19. bis 21. September 1907 in Kopenhagen, Ber- 
lin, O. Sillier, 1907. 

49. Internationaler Arbeiterversicherungs-Kongress. 7. Tagung, Wien, 17.- 
23. Sept. 1905. Wien, F. Deutsche, 1907. 

50. Stradal, A. G.-Der 8. Internationale Wohnungskongress in London, 
vom, 3.-10. August 1907. (S.-A. aus: Oesterr. Wochenschrift fiir den 
offentlichen Baudienst, 1907. 43, 44.) Wien, Selbstverlag, 1907. 

51. Schweiz. Vereinigung zur Forderung des internationalen Arbeiter- 
schutzes. Die Diplomatenkonferenz fiir Arbeiterschutz. (Bern, 17.-26. 
September 1906.) Bericht von alt Bundesrat E. Frey, Bern, Die IV. 
Delegiertenversammlung der Internationalen Vereinigung fiir gesetz- 
lichen Arbeiterschutz. (Genf. 27.-29. September 1906.) Bericht von 
Professor Dr. N, Reichesberg, Bern. 21 p. Bern, Schertlin, Spring & 
Cie, 1907. 

52. Internationale Vereinigung fiir gesetzlichen Arbeiterschutz. Verhand- 
lungsbericht der vierten Generalversammlung des Komitees der Inter- 
nationalen Vereinigung fiir gesetzlichen Arbeiterschutz, abgehalten zu 
Genf vom 26.-29. September 1906, nebst Jahresberichten der I. V. und 
des Int. Arbeitsamtes und synoptischen Uebersichten. XVI.-157 p. 
Jena, Gustav Fischer, 1907. 

53. Eckhardt, F. — Der Internationale Bergarbeiterkongress. A. R. 1907. 
41. p. 571-572. 

54. I. internationale Friseurgehilfen Konferenz. Co. 1907. X. 17. 

55. V. internationaler Buchdruckerkongress in Paris. H. T. 1907. 

56. Der internationale Holzarbeiterkongress. H. Z. 1907. XVI. 34. 

57. I. Internationale Friseurgehiilf en-Konf erenz : Protokoll der Verhand- 
lungen am 26. und 27. August im Gewerkschaftshause zu Stuttgart. 
Hamburg, Etzkorn, 1907. 

58. Internationaler Genossenschaftsbund. Protokoll der Verhandlungen 
des VII. Kongresses in Cremona am 22. bis. 25. IX. 1907. VIII 238 
p. Berlin und London. 

59. Internationale Union der Holzarbeiter 1907. Protokolle der inter- 
nationalen Holzarbeiterkongresse zu Amsterdam 1904 und Stuttgart 
1907. 

International Labor Legislation, 

1. Die Arbeiterschutzgesetzbung des Auslandes im Jahre 1906. A. S. 
XVIII. 19, S. 303-306. 

2. Internationales Abkommen iiber die Nachtarbeit der in der Industrie 
beschaftigten Frauen in Luxemburg. S. P. 1907. XVI. 49. 

3. Das internationale Abkommen iiber die Nachtarbeit der in der Indus- 
trie beschaftigten Frauen in Frankreich. S. P. 1907. XVI. 39. 

348 






BIBLIOGRAPHY 

4. Internationale Unfallversicherungsabkommen. W. N. O. 1907. 49. 
Gsch. 1907. 22. 

5. Dochow, F. — Vereinheitlichung des Arbeiterschutzrechtes durch 
Staatsvertrage. Ein Beitrag zum internationalen Verwaltungsrecht. 
VII-III p. Berlin, C. Heymann, 1907. 

6. Reichesberg, Prof. Dr. N. — Die IV. Delegiertenversammlung der In- 
ternationalen Vereinigung fiir gesetzlichen Arbeiterschutz (Genf. 
September, 1906). Veroffentlichungen der Scweiz Vereinigung zur 
Forderung des internationalen Arbeiterschutzes, Heft. 18 :21. S. Bern. 

Scheitlin, Spring & Cie, 1907. 

International Labor Organisations. 

1. Der dritte Internationale Bericht iiber die Gewerkschaftsbewegung 
1905. C G. D. 8 u. 9; G. P. 1907. XX. 15, 16, 19, 20, A. St. 1907. 5. 

2. Eine internationale Statistik der Starke der Gewerkschaften. C. G. D. 
1907. 48, S. 759. 

3. Die internationale Gewerkschaftsbewegung im Jahre 1905. R. A. 
1907. V. 3; S. R. 1907. VIII. 5. 

4. Das Jahrbuch iiber die internationale Gewerkschaftsbewegung. Gsch. 
1907. 6. 

5. Janson, W. — Der internationale Gewerkschaftsbericht fiir 1905. N. Z. 
1907. XXV. 30. 

6. Internationale Gewerkschaften. H. Z. 1907. XVI. 33. 

7. Internationale Gewerkschaftsorganisation. E. Z. 1907. 16, S. 3-4. 

8. Jahresbericht 1906. Rapport Annuel. Basel, Schweizer. Typographen- 
bund, 1907. 

9. Internationales Sekretariat der im Strassenbau beschaftigten Arbeiter. 
Zweite internationale Konferenz der im Strassenbau beschaftigten 

Arbeiter, abgehalten am 17. Februar 1907 im Volkshaus zu Leipzig. 
Berlin, Selbstverlag. 

10. Internationale Gewerkschaftsorganisation. Eis. 1907. XV. 16. 

11. Die internationale Buchdruckerorganisation im Jahre 1906. H. T. 1907 
L. 34. 

12. Eine internationale Buchdruckerstatistik. A. St. 1907. 17, S. 135-136. 

13. Internationaler Buchdrucker-Sekretariat : Die Gehilfenorganzationen 
im Buchdruckergewerbe. II. Serie : Der Strand am 1. Januar 1905. 
Basel, Schweizer. Typographenbund, 1907. 

14. Die internationale Buchdruckerorganisation. C. G. D. 1907. 31. 

1908. 

International Labor Legislation. 

1. Internationaler Arbeiterschutz A. S. 1908. XIX. 3. 

2. Die Arbeiterschutzgesetzgebung des Auslandes im Jahre 1906. Oe. 
M. 1908. XVIII. 10. (Jahre 1908. A. S. 1909. XX. 12). 

349 



THE INTERNATIONAL PROTECTION OF LABOR 

3. Dove, H. Ansiitze zur internationalen Regelung des Arbeiterschutzes 

B. R. V. 1908. IV. 2>2. 

4. Internationaler Arbeiterschutz. G. 1908. XL. 77. 

5. Verhandlungen iiber internationalen, Arbeiterschutz in der Britischen 
Vereinigung fiir Arbeitsgesetzgebung. S. P. 1908. XVII. 37. 

6. Schweden und die Berner Konvention betr. die Nachtarbeit der 
Frauen. C. G. D. 1908. XVIII. 22. 

7. Internationaler Arbeiterschutz. Bhd. 1908. IX. 22. 

8. Die auslandische Arbeitsgesetzgebung im Jahre 1908. L. Z 1908 
XVI. 34. 

International Labor Congresses. 

1. Der Internationale Sozialistische und Gewerkeschaftskongress in 
Stuttgart (im August 1907) R. A. 1908. VI. 2. 

2. Internationale Konferenz der Hotel-Restaurant-und Cafe-Angestell- 
ten zu Berlin. Ho. 1908. XL 11. 

3. Internationaler Verein fiir Sonntags feier. Verhandlungen des XII. 
Internationalen Kongress fiir Sonnlagfeier gehalten den 27. bis 29. 
Sept. 1907 in Frankfurta. M. Reden und Berichte. 224 p. Leipsig, J. 

C. Hinrichs, 1908. M. 250. 

4. V. Delegier tenversammlung des Internationalen Vereinegung fiir 
gesetzlichen Arbeiterschutz. P. 1908. XVII. 42; Ref. A. V. 1908. 
IV. 20;— S. R. 1908. IX.%;— W. A. Z. 1908. X. 41. 

5. Erste Internationale Konfernz christl. Gewerkschaftsfuhrer. B. K. 
1908. XIII. 2>?>, 35;— W. A. Z. 1908. X. ZZ\ TZ. 1908. X. 2>Z. 

6. XIX. Internationaler Bergarbeiter-Kongress in Paris. B. Arb. 1908. 
XL 25, 26, 27;— B. K. 1908. XIII. 25, 26;— Tex. 1908. XX. 27;— Z. C 
G. D. 1908. VIII. 13. 

7. Der Internationale Textilarbeiterkongress Gsch. 1908. X. 12. 

8. Der 7. internationale Textilarbeiterkongress C. G. D. 1908. XVHL 23. 

9. Siebenter internationale Textilarbeiterkongress in Wien. Tex. 1908. 
XX. 23. 

10. Baudert. Der siebente internationale Textilarbeiterkongress in Wien.. 
N. Z. 1908. 38. 

11. VIII. Internationaler Kongress fiir Arbeiterversicherung. S. P. 1908. 
IX.^. 

12. Internationales Buchdrucker Secretariat. Protokoll des V. inter- 
nationalen Buchdruckerkongresses in Paris. Vom 9. bis 13. Juli 1907. 
166p. Basil, Schweiz, Typographenbund, 1908. 

13. Verband deutcher Gastwertsgehiilfen. I. Internationale Konferenz der 
Hotel-Restaurant-und Cafe-Angestellen. Berlin, 17.-20. Mai 1908. 41p. 

Berlin, Selbstverlag, 1908. 

14. Ein internationaler Arbeiterschutzkongress. Sch. 1908. XXII. 42. 

15. Die internationale Vereinigung fiir gesetzlichen Arbeiterschutz an 
ithrer Generalversammlung in Luzern. B. K. 1908. XIII. 44, 45;— H. 

350 



BIBLIOGRAPHY 

A. 1908. VIII. 11;-M. R. 1908. XVL 41;-S. R. 1908. IX. 10;-S. W. 
S. 1908. XVL 15/16 ;-Z. C G. D. 1908. VIII. 21. 

16. Francke, Prof. Dr. E. Die 5. Generalversammlung der Internationaler 
Vereinigung fur gesetzlichen Arbeiterschutz. S. P. 1908. XVIII. 2. 

17. Katcher, L. Internationale Vereinigung fiir gesetzlichen Arbeiterschutz 
(Delegiertenkonferenz.) S. T. 1908. VII. 34. 

18. Der 8. Internationale Arbeitervericherungskongress in Rom. G. 1908. 
XL. 82;— M. R. 1908. XVL 43-46;— i^p/. A. V. 1908. XV. 21 ;— S. R. 

1909. X. 1.— Z Vers 1908. VIII. p. 391. 

19. Fiirst, Dr. M. Der VIII. Internationale Kongress fiir Arbeiterver- 
sicherung in Rom und die Aerzte. Ref. A. V. 1908. IV. 21. 

20. Maner, Prof. Dr., Der III. Internationale Kongress fur Arbeiterver- 
sicherungskongress. C. 1908. 

21. Stier — Somlo, Prof. Dr. Die materiellen Ergebnisse desarbeiterver- 
sicherungskongress in Rom, vom 10, bis 16. Oktober 1908. Ref. A. 
V. 1908. IV. 1, 23. 

22. Zacher, Dr. Der 8. Internationale Arbeiterversicherungskongress. 
(Rom 12.— 16. Oktober 1908) S. P. 1908 XVIII. 7. 

23. V. Sauter, Dr., II. Internationaler Mittelstandskongress in Wien, 
Oktober, 1908. S. P. 1908. XVIII. 7. 

24. Protokoll iiber den internatlonalen Glasarbeiterkongress zu Paris. 
Abgeh. vom 28. Aug. bisl. Sept. 1908. 51 p. Dresden, P. Kluge, 1908. 

25. Protokoll iiber die Verhandlungen der internationalen Schneiderkon- 
ferenz ; abgehalten am 24. Aug. 1908 Zu Frankfurt A.M. 66 p. Berlin, 
H. Stiihmer. 

26. Bericht iiber die I. internationale Konferenz christlicher gewerk- 
schaftsfiihrer im Ziirich, 1908. (Deutsch, Franzosisch, Hollandisch) 
84 Koln, Christl gewerkschaftsverlag. 

International Labor Organizations. 

1. Der Vierte Internationale Bericht iiber die Gewerskschaftsbewung 

1906. A. St. 1908. XXVIII. 6. 

2. Internationaler Sekretar der gewerkschaftllchen Landeszentralen. 
VIerter Internationaler Bericht uber die Gewerkschaftsbewegung 1906. 
Berlin, Generalkommisslon der gewerkschaften Deutschlands, 1908. 

3. Internationales Stelnhaversekretarlat. Zwelter Bericht pro 1906 and 

1907. 21 p. Bern, Unlonsdruckerel, 1908. 

4. Die gewerkschaftliche Internationale. D. B. K. Z. 1908. XIV. 26. 

5. Die Internationale Gewerkschaftsbewegung Im Jahre 1906. R. A. 

1908. VI. 5;— S. R. 1908 IX. 5;— S. Z. 1908. XXIL 12; Z. C. G. D. 
VIIL 13. 

6. Der vierte internationale Bericht iiber die Gewerkschaftsbewegung 
1906. C. G. D. 1908. XVIII. 21, 23. 

7. Fortschrlft der internationalen Gewerkschaftsbewegung. v. Anz. 1908. 
XXIL 21. 

351 



THE INTERNATIONAL PROTECTION OF LABOR 

8. Die Internationale Starke der Christlichen Gewerkschaften. S. R. V. 

1908. 11. 22. 

9. Internationale Bergarbeiterbewegung. C. G. D. 1908. XVIII. 19. 
10. Die Arbeiterorganisationen der Kulturstaaten. G. 1908. XL. 79. 

11 Bericht iiber die I. Internationale Konferenz christlicher Gewerk- 
schaftsfiihrer im Ziirich, 1908. (Deutsch, Franz5sisch, HoUandisch, 84 
Koln, Christl, Gewerkschaftsverlag. 

1909. 
International Labor Legislation. 

1. Bauer, Prof. Dr. St.— Die neuere der kinderschutzgesetzgebung im 
Deutschland un dim Grossbritannien. (Separatabdruck aus den Arch 
iv fiir Sozialwissenschaft und Gozialpolitik). Tiibingen und Leipzig, 
J. C. B. Mohr. 

2. Die internationale Schumacherbewegung, Sch. 1909. XXIII. 47. 

3. Internationaler Genossenschaftsbund. I. G. 1909. II. 7, 8, 9. 

4. Liiders, E. Internationale Frauenbewegung und internationaler Ar- 

beiterinnenschutz. Fr. 1909. XV. 7. 

5. Liefmann, Prof. Dr. R. Die Kartellund Trustgesetzgebunz des Aus- 
landes. S. P. 1909 XVIII. 15. 

International Labor Congresses. 

1. 6. Internationale Gewerkschaftskonferenz. A. D. G. Z. 1909. XIX. 37; 
Gew. 1909. XIII. 37; G. P. 1909. XXII. 37; F. 1909. XVIII. 37. To. 

1909. XVIII. 37. 

2. Sechste internationale Konferenz der Gewerkschaftlichen Landeszen- 
tralen. C. G. D. 1901. XIX. 37; Z. C. G. D. 1909. IX. 22. 

3. Sechste internationale konferenz der Vertreter der Gewerkschaft- 
lichen Landeszentralen. Tex. 1909. XXI. 3S, 39. 

4. Babron, J. — Bericht iiber die 6. internationale Gewerkschaftskonferenz 
in Paris. Sch. 1909. XXIII. 38. 

5. Eine internationale konferenz iiber Arbeitslosigkeit. S. R. 1909. X. 7. 

6. Internationaler Kongress fiir Bergbau, Hiittenwesen, angewandte 
Mechabik und praktische Geologic, Dusseldorf 1910; S. T. 1909. VIII. 
23. 

7. Siebenter internationaler Hutarbeiterkongress. C. G. D. 1909. XIX. 38. 

8. Internationale Konferenz der Tabakarbeiter. Tab. 1909. 46. 

9. Moldenhauer, Prof. Dr. jur — Ergebnisse des VI Internationalen Kon- 
gresses fiir Versicherungswessenschaft in Wien. Z. Vers. 1909. IX. 4. 

10. Internationaler Steinarbeiterverband, .Protokoll iiber die Verhand- 
lungen des III. Internationale Kongresses, abgehalten in Kassel am 
11. u. 12. April 1908. 23 p. Bern, Genossenschaft Unionsdruckerei, 
1909. 

11. Bureau der Internationalen Vereinlgunz fiir gesetzlichen Arbeiter- 
schutz. Schriften no. 6. Verhandlungsbericht der fiinften Generalver- 
samsmlung des Konitees, abgehalten zu Luzern vom 28.— 30. Septem- 

352 



BIBLIOGRAPHY 

ber 1908 nebst Jahresberichten der Internationalen Verelnigung und 
des Internationalen Arbeitsamets. 227 p. Jena, Gust. Fischer, 1909. 

12. Manes, Prof. Dr. Eindriicke com VIII. internationalen Arbeiterver- 
sicherungskongress in Rom. Z. Vers. 1909. IX. I. 

13. Eine Internationale Konferenz uber Arbeitslosigkeit. S. P. 1909 XVIII. 
38. 

14. Zum XX. internationalen Bergarbeiterkongress. B. Arb 1909. XII. 
24-26;— B. K. 1909. XIV. 24-26;— Ho. 1909. XII. 12. 

15. Der 11. Internationale Aerztekongress fiir gewerbliche Unfalle in 
Rom. M. R. 1909. XVII. 6;— Z. G. H. 1909. XVI. 12. 

16. Internationale Transportarbeiter Federation. Protokoll iiber die Ver- 
handlungen des sechsten internationalen Transportarbeiter-Kongress 
sowie der Konferenzen der Eisenbahner und Seeleute. Abgehalten in 

Wien vom 24. bis 29. Aug. 1908. Bericht des Zentralrates fiir 1906, 
1907, 1908. VI. 159 p. Hamburg, H. Jochade, 1909. 

17. Protokoll uber den internationalen Glasarbeiterkongress zu Paris. 
Abgeh. com 28. bis 1. Sept. 19. 



1. 



6. 



9. 



International Labor Organisations. 



Internationales Buchdrucker-Sekretariat Jahresbericht 1909. Deutsch 
und Franzosisch, Stuttgart, Selbstverleg. 

Die internationale Gewerkschaftsbewegung. B. Z. 1909. XIX. 34, 36. 
Die internationale Gewerkschaftsbewegung im Jahre 1907. S. R. 1909. 
X. 9; Z. C. G. D. 1909. IX. 18. 

Der fiinfte internationale Bericht iiber die Gewerkschaftsbewegung 
1907. C G. D. 1909. XIX. 28, 29. 

Die Gewerkschaftsbewegung diesseits und jenseits des Ozeans. 
C. G. D. 1909. XIX. 32; L. Z. 1909. XVII. 27. 
Internationales Jahrbuch der Gewerkschaften. Gsch. 1909. XI. 10. 

7. 5. internationaler Bericht iiber die Gewerkschaftsbewegung P. 1909. 
XVIII. 25. 

8. Internationale Gewekschaftsbewegung. A. D. G. Z. 1909. XIX. 21 ;— 
Eis. 1909. XVII. IS ;—Sch. XVII. IS ;—Sch. 1909 XXIII. 25. 
Internationale Maurerbewegung. Gr. 1909 XXII. 19. 

1910 

International Labor Congresses. 

Internationaler Sozialistenkongress zu Kopenhagen 1910. (Protokoll) 
Berlin, Buchhandlung Vorwarts. 

21. Internationaler Bergarbeiterkongress in Briissel 1910. (Deutsche 
Ausgabe). 

Internationaler Metallarbeiter Bund. Berichte der aneschlossenen 
Landesverbande an den VI. Internationalen Metallarbeiter-Kongress 
in Birmingham 1910. Stuttgart, Alex. Schlicke & Cie, 1910. 



353 



THE INTERNATIONAL PROTECTION OF LABOR 

4. Bericht des osterreicheischen Metallarbeiterververbandes an den 6. 
Kongress des Internationalen Metallarbeiterverbandes in Birmingham 
1910. Wien. Selbstverlag des Verbandes. 

5. Internationale Kongresse im Jahre 1909. R. A. 1910. 5. 

6. Internationale Sozialisten-oder internationale Gewerkschaftskon- 
gresse. Schm. Z. 1910. XXIV. 19, 20. 

7. Der 9. internationale Wohnungskongresse. S. P. 1910. XIX. 36. 

8. Internationale Konferenzen fiir Sozialversicherung. A. N. M. I. 1910. 
XXII. 4. 

9. Fiinfter Kongress der Internationalen Vereinigung christlicher Tex- 
tilarbeiterorganisationen ; Mailand 1910. T. Z. XII. 14, 15. 

10. Zum VIII. Internationalen Genossenschaftskongress in Hamburg. 
I. G. 1910. III. 9, 10. 

11. Der VIII. Internationale Genossenschaftskongress im Spiegel der 
genossenschaftlichen Presse. I. G. 1910. III. 11, 12. 

12. Internationale Konferenz fiir Sozialversicherung. C. G. D. 1910. XX. 
42; A. S. 1910. XXI. 19, 20,— (Diittmann) A. V. 1910. 27. 

13. Internationaler Bergarbeiter-Kongress. B. Arb. 1910. XIII. 34, 35. 

14. 6. Internationaler Mettallarbeiterkongress, Birmingham 31. Oktober 
bis 2. November 1910. C. G. D. 1910. XX. 46. 

15. Der Weltbund der Diamantarbeiter. (Kongress com 20. — 24. Juni 
1910.) C. G. D. 1910. XX. 30. 

16. Der Internationale Holzarbeiterkongress in Kopenhagen. H. Z. 1910. 
XVIII. 38. 

17. Der VII. Internationale Transportarbeiterkongress in Kopenhagen. 
Eis. 1910. XVIII. 25. 

18. Internationale Vereinigung fiir gesetzlichen Arbeiterschutz. Verhand- 
lungsbericht der VI. Generalversammlung, abgehalten zu Lugano am 
26.-28. IX. 1910 nebst Jahresberichten der Internationalen Vereini- 
gung und des Internationalen Arbeitsamtes. Jena, Gustav Fischer, 
1910. 

19. Protokoll der II. internationalen Buchblnderkonferenz zu Erfurt. Ber- 
lin, Selbstverlag, 1910. 

20. Internationaler Backerkongress in Kopenhagen. Hamburg, O. Alt- 
mann, 1910. 

21. Internationales Sekretariat der Arbelter offentllcher Betriebe. Proto- 
koll der zweiten Internationalen Konferenz der Arbelter offentllcher 
Betriebe. Berlin, Selbstverlag, 1910. 

22. Hanauer. J. — Internationaler Heimarbeltskongress. C. G. D. 1910. XX. 
40. 

23. Zum IX. Internationalen Wohnungskongress. A. S. 1910. XXI. 12, 18; 
C. 1910. XVII. 19. 

24. Vom Internationalen Kongress In Kopenhagen. C. G. D. 1910. XX. 34, 
36. 

25. Der Internationale Soziallstenkongress und die Konsumvereine. I. G. 
1910. III. 10. 

354 



BIBLIOGRAPHY 

26. Marott, Emil. — Zum Internationalen sozialistischen Kongress in 
Kopenhagen. S. M. 1910. XIV. 16-18. 

27. Internationale Gewerkschaftskonferenzen in Kopenhagen. C. G. D. 
1910. XX. 38, 39. 

28. Die zweite Internationale Konferenz sozialistischer Frauen zu Kopen- 
hagen. Gl. 1910. XX. 25. 

29. Internationaler Kongress zur Bekampfung der Arbeitslosigkeit, 19.-21. 
September in Paris (Sorbonne). C. G. D. 1910. XX. 41. 

: 30. Der international Genossenschaftskongress in Hamburg vom 5.-7. 

September 1910. S. K. V. X. 38; K. R. VII. 2>7, 40, 41. 
31. XI. Internationaler Kongress zur Bekampfung der Gewerbekrank- 
heiten. A. S. 1910. XXI. 21. 

International Labor Legislation, 

1. Francke, Prof. Dr. Ernst. — VI. Generalversammlung der Internation- 
alen Vereinigung fiir gesetzHchen Arbeiterschutz. Lugano 25-28 Sep- 
tember 1910. S. P. 1910. XX. 1. 

2. VI. Generalversammlung der Internationalen Vereinigung fiir gesetz- 
Hchen Arbeiterschutz. Lugano 25.-28. September 1910. C. 1910. 
XVn. 22; C. G. D. 1910. XX. 43; A. O. 1911. XVIII. 476. 

3. Francke, Prof. Dr. E. — Internationale Arbeiterschutzvertrage. S. B. 
1910. I. 13. 

4. Zwei Jahrzehnte internationaler Arbeiterschutz. Ho. A. 1910. XL 41. 

5. Die Inkraftsetzung der internationalen Konventionen betreffend die 
Verbote der industriellen Nachtarbeit der Frauen und der Verwendung 
des giftigen Phosphors. C. G. D. 1910. XX. 34. 

6. Die Arbeiterschutzgesetzgebung des Auslandes im Jahre 1909. A. S. 
1910. XXI. 8. 

7. Die auslandische Arbeitsgesetzgebung im Jahre 1909. L. A. 1910. 
XVIII. 13. 

8. Kriiger, G. Der Arbeiterinnenschutz in der Gesetzgebung der Kultur- 
staaten. S. M. 1910. XIV. (XVI.) 14. 

9. Die Entwicklung der Invaliden — und Altersversorgung im Ausland. 
S. Z. 1910. XXIV. 2. 

10. Pieraccini, Prof. (Vortrag) Berufskrankheiten der Keramiker und 
die Internationale Arbeitergesetzgebung. Am. 1910. XXXVII. 20. 

11. Reichesberg, N. — Arbeiterschutzvertrage. Handworterbuch der 
Schweizerischen Volkswirtschaft, 1910. 3. 

International Labor Organizations. 

1. Die Arbeitersekretariate im Deutschen Reich in Jahre 1909. (Statistik) 
C G. D. 1910. XX. 3L 

2. Ein internationaler Verband der Seeschiffahrtsunternehmer. S. K. 
1910. April. 

3. Die Entwicklung des Internationalen Genossenschaftsbundes seit dem 
Kongress in Budapest 1904. J. B. D. 

355 



THE INTERNATIONAL PROTECTION OF LABOR 

4. Die Revision der statuten des Internationalen Genossenschaftsbundes. 
K. R. 1910. 12. 

5. Internationaler Heimarbeiterschutz. H. A. 1910. X. 11. 

6. Die internationale Gewerkschafts bewegung in Jahre 1908. D. B. K. 
Z. 1910. XVI. 26. 

7. Legien, Carl. — Die Gewerkschaftliche Internationale. S. M. XIV. 
(XVI.) 1910. 7. 

8. Internationale Transportarbeiter, Bericht des generalrates der Inter- 
nationalen Federation fur 1908 und 1909. Berichte der Organisationen. 
Berichte der Hafeninspektion. Bericht iiber die Lohn — und Arbeits- 
verhaltnisse der Chauffeurs, Deutsche Ausgebe, Berlin, H. Jochade. 

9. Die Revision der Statuten des I. G. B. I. G. 1910. III. 4, 5, 6. 

10. Cornelissen C. — Ueber dem internationale Syndikalismus. A. S. S. 
1910. Jan. 

11. Huggler, August. — Internationalitat der Gewerkschaften in der 
Schweiz. K. 1910. 8. 

12. Der Stand der internationalen Topferbewegung. To. 1910. XIX. 21. 

13. Die christlichen Textilarbeiterorganisationen unserer internationalen 
Vereinigung. T. Z. 1910. XII. 13. 

14. Internationales Buchdruckersekretarlat (Secretariat International To- 
pographique). Jahresbericht 1909. Stuttgart. Schwabische Tagwacht, 
1910. 

15. Internationaler Wettbewerb um Unfallverhiitungseinrichtungen. S. T. 
1910. IX. 11. 

16. Oesterreichisches Komitee fiir internationale Sozialversicherung. S. 
R. 1910. XL 4. 

1911. 

1. Miiller, Dr. Hans. — Die Entwicklung der Grosseinkaufsgenossenschaf- 
ten im Jahre 1910. K. R. 1911. VIII. 17. 

2. Internationale Preisausschreiben fiir Schutzvorrichtungen und 
Systeme zur Verhiitung von Unglucksfallen bei der Arbeit auf der 
Internationalen Weltausstellung in Turin. S. T. 1911. X. 4. 

3. Braun, Adolf. — Internationale Gewerksgenossenschaften. K. IV. 3. 

4. Die internationale Grosseinkaufsgesellschaft. I. G. 1911. IV. 2. 

5. Was lehrt uns die Entwicklung der internationalen Genossenschafts- 
bewegung? I. G. 1911. IV. 4, 5, 6. 

6. Internationale Konsumvereinsstatistik pro 1909. I. G. 1911. IV. 2. 

7. Die Internationale Hygieneausstellung und die Gewerkschaften. D. 
B. K. Z. 1911. XVII. 7, 8. 

8. Andor, A. — Die Reziprozitat auf dem Gebiete der Arbeiterversicherung 
zwischen Ungar und Oesterreich. V. M. U. 1911. 1. 

9. Die Arbeitersekretariate im Deutschen Reich im Jahre 1910. Gew. 1911. 
XV. 27. 

International Labor Congresses. 

1. Internationaler Kongress fiir Wohnungshygiene. S. P. 1911. XXI. 3. 

2. Die 2. Internationale Konferenz fiir Sozialversicherung, Dresden, 15.- 

35^ 



THE INTERNATIONAL PROTECTION OF LABOR 

16. September 1911. S. P. 1911. XX. 52; M. R. 1911. XIX. 20, 21; A. S. 
1911. XXII. 19. 

3. Die 7. Internationale Gewerkschaftskonferenz. S. P. 1911. XX. 48. 

4. Der 23. Internationale Bergarbeiterkongress, London, 24.-28. Juli 1911. 
S. P. 1911. XX. 45. 

5. Internationaler Glasarbeiterkongress. C. G. D. 1911. XXI. 41. 

6. Verhandlung der Budapester Konferenz betreffs Organisation des 
Arbeitsmarktes 7. und 8. X. 1910. Leipzig, A. Deichert, 1911. 

7. Centralrat der internationalen Transportarbeiter — Federation. Proto- 
koll des 7. Internationalen Transportarbeiterkongresses und der Kon- 
ferenzen der Hafenarbeiter und Seeleute in Kopenhagen vom 23.-27. 
August 1910. Berlin, H. Jochade, 1911. 

8. Internationaler Holzarbeiterverband. Protokoll des 5. Internationalen 
Holzarbeiterkongresses in Kopenhagen 1910. Berlin, Selbstverlag, 
1911. 

9. Internationaler Verband der Lithographen und Steindrucker. VII. 
Internationaler Kongress in Amsterdam 1910. Berlin, O. Lillier, 
1911. 

10. Internationaler Verband der Schuhmacher. Bericht des Internation- 
alen Sekretariats und der Landesorganisationen an den IV. Inter- 
nationalen Kongress und Protokoll des IV. Internationalen Kon- 
gresses zu Kopenhagen 1910. Niirnberg, J. Simon, 1911. 

11. II. Internationale Friseurgehilfenkonferenz. Protokoll der Verhand- 
lungen am. 22, 23, und 24. August 1911 in Ziirich. Berlin, Selbstver- 
lag, 1911. 

12. Nachklange zum Internationalen Genossenschafts-Kongress in Ham- 
burg. I. G. 1911. IV. 1. 

13. Protokolle des 8. Internationalen Textilearbeiterkongresses zu Amster- 
dam 1911. Berlin, Vorstand des deutschen Verbandes, 1911. 

International Labor Legislation, 

1. Die Internationale Arbeiterschutzgesetzgebung fiir Transportarbeiter. 
Cr. 1911. XV. 2. 

2. Internationales Arbeitsamt. Erster vergleichender Bericht iiber die 
zur Durchfiihrung der Arbeiterschutzgesetze getroffenen Massnehmen. 
Die Gewerbeaufsicht in Europa. Jena, Gustav Fischer, 1911. 

3. Teleky, Dr. L. — II. Internationaler Kongress fiir Berufskrankheiten, 
Briissel, 10.-14. September 1910. (Separatabdruck aus der osterreich- 
ischen Vierteljahresschrift fiir Gesundheitspflege) Wien, Moritz Per- 
les, 1911. 

4. Srbik, Fritz V. — Die wichtigsten europaischen Auswanderungsgesetze 
mit Beriickeichtigung der beiden osterreichischen Entwiirfe. Wien. 
Staatsdruckerei, 1911. 

5. Internationaler Arbeiterschutz. H. G. Z. 1911. XV, G. R. 1912. 
IV. 3. 

357 



THE INTERNATIONAL PROTECTION OF LABOR 

International Labor Organizations. 

1. Generalkommission der Gewerkschaften Deutschlands. Achter Inter- 
nationaler Bericht iiber die Gewerkschaftsbewegung 1910. Berlin, 
Selbstverlag, 1911. 

2. Der 7. Internationale Bericht iiber die Gewerkschaftsbewegung vom 
Jahre 1909. Tex. 1911. XXIII. 47, 49; C. G. D. 1911. XXI. 31, 2>2; 
Gew. 1911. XV. 27. 

3. Leipart. — Die internationale Union der Holzarbeiter. B. Intl. 1911. 45. 

4. Von der Internationalen Vereinigung der Textilarbeter. A. G. 1911. 12. 

5. Der achte internationale Bericht iiber die gewerkschaftsbewegung ira 
Jahre 1910. 1911. XXII. 3, 4, 6. C. G. D. 

1912. 

International Labor Congresses. 

1. Internationaler Kongress fiir Hygiene und Demographic, Washington 
23.-30. September 1912. M. R. 1912. XX. 23. 

2. III. Internationaler medizinischer Unfallkongress in Diisseldorf. M. 
R. 1912. XX. 17, 18. 

3. XXIII. internationaler Bergarbeiterkongress. B. Arb. 1912. XV. 29-32 ; 

C. G. D. 1912. XXII. 31. 

4. Der VI. internationale Buchdruckerkongress vom 12.-15. August 1912 
in Stuttgart. C. G. D. 1912. XXII. 35. 

5. Der VI. internationale Kongress christlicher Textilarbeiterorganisa- 
tionen. T. Z. 1912. XIV. Z2, Zi. 

6. Internationaler Kongress der Krankenpflegerinnen. M. R. 1912. XX. 
21; Fr, 1912. XVIII. 

7. Internationales Kiirschner-Sekretariat. ProtokoU der Verhandlungen 
der V. Internationalen Kiirschner-Konf erenz ; abgehalten in Wien 
am 30.-31. Juli und 1. August 1912. Berlin, A. Regge, 1912. 

8. Zimmerman, W. — Die Internationale Konferenz iiber die Arbeitszeit 
in industrien mit ununterbrochenem Betriebe S. P. 1912. XXI. 38. 

9. Der I. Internatonale Technische Kongress fiir Unfallverhiitung und 
industrielle Hygiene in Mailand 27.-31. Mai. 1912. Z. G. H. 1912. XIX. 
8-10. 

10. Zimmerman, W. — Die VII. Delegiertversammlung der Internationalen 
Vereinigung fiir gesetzlichen Arbeiterschutz in Ziirich. S. P. 1912. 
XXI. 51. 

11. Internationale Vereinigung fiir gesetzlichen Arbeiterschutz. Z. C. G. 

D. 1912. XII. 20; W. A. Z. 1912. XIV. 40. 

12. Freund, R.— Internationale Soziale Woch. S. P. 1912. XXI. 45. 

13. Die soziale Woche in Ziirich 2.-12. September 1912. A. S. 1912. XXIII. 
20; Sch. 1912. XXVI. 38, 39. 

14. II. Internationaler Heimarbelterkongress, Ziirich 8. September 1912. 
M. R. 1912. XX. 20. 



BIBLIOGRAPHY 



International Labor Legislation. 

1. Jastrow, J. — Arbeiterscliutz (Textbiicher zu Studien iiber Wirtschaft 
und Staat) Berlin, G. Reimer, 1912. 

2. Die Schutzgesetzgebung fiir Frauenarbeit in den verschiedenen Land- 
ern (La legislation du travail des femmes dans les differents pays). 
La Hague Correspondence Internationale, 1912. 

3. Deutschland und der internationale Arbeiterschutz. Sch. 1912. XXVL 
14. 

4. Internationler Arbeiterschutz. H .G. Z. 1911. XV; G. R. 1912. IV. 3. 

5. Vom internationlen Arbeiterschutz. Z. C G. D. 1912. XII. 14; W. A. 
Z. 1912. XIV. 27; Tex. 1912. XXIV. 49. 

6. Der gesetzliche Arbeiterschutz auf der VII. Delegiertenversammlung 
der internationalen Vereinigung in Ziirich. K. Bl. 1912. XVI. 39. 

International Labor Organizations, 

1. Generalkommission der Gewerkschaften iiber die Gewerkschafts- 
bewegung 1911. Berlin, Selbstverlag, 1912. 

2. Internationales Jahrbuch fiir Politik und Arbeiterbewegung. Jahrgang 
1912. BerUn, Vorwarts, 1912. 

3. Die Gewerkschaftsinternationale 1910. S. P. 1912. XXI. 21, 32. 

4. Die Starke und Leistungsfahigkeit der internationalen Gewerkschaften 
Oesterreichs im Jahre 1911. Gsch. 1912. XIV. 1. 

5. Jochade, H. — Die internationale Transport — arbeiter — Federation, 
Bedin, Selbstverlag, 1912. 

1913. 

1. Die internationale Entwicklung der Arbeiterversicherung. P. 1913. 
XXII. 2-5. 

2. Das Abkommen zwischen Deutschland und Italien iiber Arbeiterver- 
sicherung. S. P. 1912-1913. XXII. 27. 

3. Das Weltparlament. Der IX. internationale Genossenschaftskongress 
in Glasgow im August 1913. I. G. 1913. VI. 8. 

4. Moldenhauer, P. — Internationale Fortschritte der Sozialversicherung, 
Hannover, Helwing, 1913. 

International Labor Congresses. 

1. Die zweite internationale Arbeiterschutzkonferenz in Bern vom 15. 
bis 23. September 1913. Frk. z. 1913. VIII. 275. Erstes Morgenblatt. 

2. Fine internationale Arbeiterschutzkonferenz. Gsch. 1913. XV. 9. 

3. Fine neue internationale Arbeiterschutzkonferenz. C. G. D. 1913. 
XXIIL 8. 

4. Der VIII. internationale Hutarbeiterkongress in Mailand 15.-19. Sep- 
tember 1912. C. G. D. 1913. XXIIL 2. 

5. III. Internationale Konferenz der Saltier und Portefeuiller. C G. 
D. 1913. XXIIL 22. 

359 



THE INTERNATIONAL PROTECTION OF LABOR 

6. Die zweite Internationale Arbeiterschutzkonferenz der Industries- 
taaten Europas. S. P. 1912/1913. XXIL 52. 1913/1914. XXIII. 1; Z. 
G. H. 1913. XX. 17, 18; C. G. D. 1913. XXIL 41; A. S. 1913. XX. 20 

7. Die Internationale Berner Konferenz iiber den Jugendlichenschutz 
und die osterreichischen Industriellen. S. P. 1913/1914. XXIII. 3. 

8. Die Rolle Oesterreichs auf der internationalen Arbeiterschutzkon- 
ferenz in Bern. O.e.M. 1913. XXIII. 41. 

9. III. Internationaler Kongress £iir Gewerbekrankheiten im September 
1913 in Wien. A. S. 1913. XXIV. 14, Z. G. H. 1913. XX. 13-14. 

10. Bayer. — Zum 11. Internationalen Kongresse fiir Rettungswesen und 
Unfallverhiitung in Wien. Z. G. H. 1913. XX. 21-22. 

11. II. Internationler Kongress fiir Rettungswesen und Unfallverhiitung 
in Wien, 9. bis 13. September 1913. Z. G. H. 1913. XX. 15-18; O.e.M. 
1913. XXIII. 39. 

12. Bureau der Internationalen Vereinlgung fiir gesetzlichen Arbeiter- 
scutz. Schriften. M. 8. Verhandlungsbericht der siebenten General- 
versammlung des Komitees, abgehalten zu Ziarich vom 10.-12. Sep- 
tember 1912, nebst Jahresberichten der Internationalen Vereinlgung 
und des Internationalen Arbeitsamtes und dem Berichte der Spezial- 
kommission iiber Arbeitszeit in ununterbrochenen Betrieben. Jena, 
G. Fischer, 1913. 

13. Der X. Internationale Wohnungskongress. S. P. 1913/1914. XXIII. 
3; M. R. V. K. 1913. IX. 9. 

14. Erste Generalversammlung der Internationalen Vereinlgung zur Be- 
kampfung der Arbeitslosigkeit vom 5.-9. September 1913 in Gen. S. 
P. 1912/1913. XXIL 51. 

15. Bloch, W. — Der Internationale Jugendschutzkongress in Briissel 23.-26. 
Juli 1913; C. 1913. XX. 22; S. P. 1912/1913. XXIL 49. 

16. Lederer, M. — Zum Internationalen Jugendf iirsorgekongress in Briissel ; 
Z. K. J. 1913. V. 7-9. 

17. VIII. Internationale Konferenz der Vertreter der Gewerkschaftlichen 
Landeszentralen und Konferenz der internationalen Berufssekretare 
am 16, 17. und 18. September 1913 in Ziirich. G. R. S. 1913. V. 9. Ku. 
1913. XXVIII. 29; C. G. D. 1913. XXIIL 40. 

18. Die Kommisslonssitzungen der Internationalen Vereinlgung fiir gesetz- 
lichen Arbeiterschutz in Basel, (Kinderarbelt und Bleifrage in der 
keramischen Industrie.) S. P. 1912/1913. XXIL 51. 

19. XXIV. internationaler Bergarbelterkongress. B. Arb. 1913. XVL 
31-33. 

20. Kummer, F. — Zum internationalen Metallarbeiterkongress vom 6. 
August und folgende Tage in Berlin. Ku. 1913. XXVIII. 22, 25. 

21. VII. Internationaler Metallarbeiterkongress. C. G. D. 1913. XXIIL 
34; O.e.M. 1913, XXIIL 29-31, 33. 

22. Internationaler Kongress der Diamantarbeiter. C. G. D. 1913. XXIIL 
47. 

360 



BIBLIOGRAPHY 

23. Ein internationaler Steinarbeiterkongress. C. G. D. 1913. XXIII. 46, 
Sten. 1913. VII. 4. 

24. Internationaler Holzarbeiterkongress in Wien 1914 (4 sprachig), B. 
Intl. 1913. September-Oktober. 

25. Internationale Konferenz der Buchbinderverbande. C. G. D. 1913. 
XXIII. 32. 

26. III. Internationale Konferenz der Zimmerer am 15. und 16. Dezember 
1913 zu Hamburg. Z. 1913. XXV. 52. 

27. Der IX. internationale BaumwoUkongress in Scheveningen. Tex. 1913. 
XXV. 28. 

28. VI. Internationale Schneiderkonferenz. C G. D. 1913. XXIII. 32. 

29. VIII. Internationaler Transportarbeiterkongress,^ abgehalten zu 
London am 26. August 1913 und den folgenden Tagen. Cr. 1913. XVII. 
36, 37; G. R. S. 1913. V. 9; C G. D. 1913. XXIII. 40. 

30. Zur III. internationalen Konferenz der Arbeiter offentlicher Betriebe 
in Zurich vom 23. bis 25. September 1913. Gew. 1913. XVII. 33, 40, 41. 

31. Protokolle der internationalen Konferenz fiir Arbeiterschutz. Bern 
15.-25. September 1913. Bern, Stampfli, 1913. 

32. Internationales Sekretariat der Arbeiter offentlicher Betriebe. Proto- 
koll der III. Internationalen Konferenz der Arbeiter offentlicher 
Betriebe ; abgehalten vom 23. bis 25. September 1913 in Ziirich. Berlin, 
Selbstverlag, 1913. 

2)2). Protokoll uber die Verhandlungen des IV. Steinarbeiterkongresses 
abgehalten am 12. und 13. Oktober 1913 in Briissel. Ziirich, Genossen- 
schaftsdruckerei, 1913. 

34. Hopf, F. E. — Bericht iiber den III. Internationalen Kongress fiir 
Wohnungshygiene in Dresden vom 2.-7. Oktober 1911. Dresden, 
Buchdruckerei der Dr. Giintz'schen Stiftung, 1913. 

35. Internationaler Metallarbeiterbund. Berichte der angeschlossenen 
Landesverbande an den VII. internationalen Metallarbeiterkongress 
In Berlin 1913. Stuttgart, A. Schlicke, 1913. 

36. III. internationale Konferenz der Sattler, Taschner, Riemer und 
ortfeuiller, abgehalten in Wien 9. und 10, Mai 1913. Berlin, Joh, Sassen- 
bach, 1913. 

37. Internationales Buchbindersekretariat. Protokoll der III. internation- 
alen Konferenz von Vertretern der Buchbinderverbande, abgehalten 
in Brussel 23.-26. Juni 1913. (4 sprachig) Berlin, Selbstverlag, 1913. 

38. Schuler, H. — Internationale Konferenz fiir Arbeiterschutz 1913. 
Zurich, Berichthaus, 1913. 

39. Sekretariat des Internationalen Metallarbeiterfundes. Der VII. Inter- 
nationale Metallarbeiterkongress am 6. und 7. August 1913 im gewerk- 
schaftshaus In Berlin. Offizieler Bericht. (Deutsch, franzosisch, und 

englisch) Stuttgart, Schlicke, 1913. 

40. Internationales Buchdrucker-Sekretariat In Stuttgart; Protokoll des 
VI. internationalen Buchdrucker-Kongresses in Stuttgart 12,-15, Aug- 
ust 1912, Stuttgart, Selbstverlag, 1913, 

361 



THE INTERNATIONAL PROTECTION OP LABOR 

International Labor Legislation. 

1. Reichesberg, N. — Der Internationale Arbeiterschutz in den letzten 12 
Jahren. Bern, M. Drechsel, 1913. 

2. Internationaler Arbeiterschutz. G. 1913. XIV. 16. 

3. Bauer, St. — Fortgang und Tragweite der internationalen Arbeiter- 

schutzvertrage. A. S. G. 1913. III. 1-2. 

4. Schaeffer, A. — Die Stickereiindustrie und internationaler Arbeiter- 
schutz. S. B. H. I. 1913. XX. 9. 

5. Der internationale Arbeiterschutz in den letzten 12 Jahren. Am. 1913. 
XL. Z7. 

6. Die Arbeiterschutzgesetzgebung des europaischen Auslandes im Jahre 

1912. A. S. 1913. XXIV. 1913. 

International Labor Organisations. 

1. Internationale Tansportarbeiter-Foderation : Die sozial-okonomischen 
rechtlichen und organisatorischen Verhaltnisse sowie Streiks und 
Lohnbewegungen der Eisenbahner Strassenbahner, Seeleute, Hafen — 
und Transportarbeiter etc. aller Lander wahrnd 1908 und 1909. 
Bericht iiber die Hafen-Inspektion in verschiedenen Landern. Bericht 
liber die Lohn-und Arbeitsverhaltnisse der Chauffeure. Berlin, H. 
Jochade. 

2. Der neunte internationale Bericht uber die Gewerkschaftsbewegung 
vom Jahre 1911. C. G. D. 1912. XXIII. 9-11. 

3. Die internationale Gewerkschaftsbewegung im Jahre 1911. Gsch. 1913. 
XV. 4. 

4. Brod, J. — Eine internationale Statistik der Betriebsunfalle. A. S. 1913. 
XXIV. 7. 

5. Die Gewerkschaftsbewegung in Deutschland und Oesterreich, die 
Arbeitersozialpolitik und die Kampfe zwischen Unternehmern und 
Arbeitern im Jahre 1912. (Separatabdruck aus Band 36, Heft 2. 1913 
des Archivs fiir Sozialwissenschaft und SozialpoHtik). Tiibingen, J. 
C. B. Mohr, 1913. 

6. Laderer, E. — Jahrbuch der sozialen Bewegung in Deutschland und 
Oesterreich 1912. VIII. -f 227. Tiibingen, J. C. B. Mohr, 1913. 

7. Internationales aus der Gewerkschaftsbewegung. S. P. 1913/1914. 
XXIII. 5, 6. 

8. Die internationalen Beziehung der deutschen Arbeitgeber-, Angestell- 
ten- und Arbeiterverbande. R. A. 1913. XI. 12. 

9. Heyde, L.— Die Berufsvereine des Auslandes. S. P. 1913/1914. XXIII. 
13. 

10. Die Internationale Union der Holzarbeiter im Jahre 1913. B. Intl. 

1913. Dezember. 

11. Internationaler Metallarbeiter-Bund. Bericht des Sekretars an den 
VII. internationalen Metallarbeiterkongress zu Berlin (3 sprachig). 24 
p. Stuttgart, A. Schlicke, 1913. 

362 



BIBLIOGRAPHY 

12. Statut der Internationalen Buchbinderfoderation und des Internation- 
alen Buchbindersekretariats nebst Gegenseitigkeitsvertrag=Statuts de 
la Federation Internationale des Relieurs et du Secretariat Interna- 
tional des Relieurs avec Contrat de Reciprocite — Rules of the Inter- 
national Bookbinders' Union and of the International Bookbinders' 

Secretariat with Reciprocal Agreement. Berlin, Selbstverlag, 1913. 

13. Internationale Transportarbeiter-Foderation. Berichte der Organlsa- 
tionen iiber die sozial-okonomischen, rechtlichen und organisatorlschcn 
Verhaltnisse der Eisenbahner, Strassenbahner, Seeleute, Hafen- und 
Transportarbeiter etc. aller Lander wahrend 1910, 1911 und 1912. Ber- 
lin, H. Jochade, 1913. 

14. Bericht des Zentralrats der Internationalen Transportarbeiter-Fodera- 
tion an den Internationalen Kongress, abgehalten vom 26. bis 3(? 
August 1913 in London. Berlin, H. Jochade, 1913. 

15. Generalkommission der Gewerkschaften Deutschlands. X. Internatlon- 
aler Bericht iiber die Gewerkschaftsbewegung, 1912. Berlin, Selbstver- 
lag, 1913. 

1914. 

International Labor Congresses. 

1. Biitow. — 43. Versammlung des Internationalen Verbandes der Dampf- 
kessel-Ueberwachungsvereine in Moskau 1913. S. T. 1914. XIII. 8. 

2. Internationaler Textilarbeiter- Kongress in Blackpool (England) vom 
8. bis 13. Juni 1914; T. B. 1914. XIII. 26; Tex. W. 1914. XV. 25, 26. 

3. Unser Kongress in Wien. (Internationale Holzarbeiter-Union). E| 
Intl. (4 spi-achig) 1914. XI. 2-6. 

4. III. Internationale Konferenz der Zimmerer. Zo. 1914. X. 1, 2. 

5. Verhandlungen des III. internationalen medizinischen Unfallkon- 
gresses zu Diisseldorf 1912. Diisseldorf, Schwann. 

6. Internationaler genossenschaftsbund. Protokoll der Verhandlungen 
des IX. Kongresses des F. G. B. Glasgow, 25-28, August 1913, London, 
Selbstverlag, 1914. 

International Labor Legislation. 

1. Bauer, St. — Fortgang und Tragweite der internationalen Arbeiter- 
schutzvertrage. A. S. G. 1914. III. 

2. Francke, E. — Die internationalen Arbeiterschutzvertrage. S. P. 1914. 
XXIII. 2>7. 

3. Stojentin, V. — Zur Frage der internationalen Vereinbarungen fiir 
gesetzlichen Arbeiterschutz. A. G. 1914. 10. 

4. Die Arbeitsgesetzgebung des Auslands im Jahre 1913. A. S. 1914. 
XXV. 9. 

5. Internationale Vereinigung fiir gesetzlichen Arbeiterschutz. 2 Denk- 
schriften zur Vorbereitung der II. internationalen Arbeiterschutzkon- 
ferenz von Bern 1913. Jena, Fscher, 1914. 



THE INTERNATIONAL PROTECTION OF LABOR 

International Labor Organizations. 

1. Legien, C. — Die gewerkschaftliche Internationale 1910 bis 1913. S. 
M. 1914. XX. I. Band. 1. Heft. 

2. Die internationale Gewerkschaftsbewegving im Jahre 1912. Gsch. 1914. 
XVI. 12-14. 

3. Braun, A. — Die internationalen Beziehungen der gewerkschaften. N. 
Z. 1914. XXXIII. 1. 3. 4. 

4. Internationaler Bericht uber die Gewerkschaftsbewegung vom Jahre 
1912. C. G. D. 1914. XXIV. 16-18. 

5. III. Bericht liber die internationale Organisation der Fabrikarbeiter. 
P. 1914. XXIII. 3, 5, 6. 

6. Heiss, CI.— Die Berufsvereine des Auslandes. V. Bl. 1914. XIII. 1-4. 

7. Berichte der angeschlossen Verbande an den Internationalen Kon- 
gress der Holzarbeiter. (viersprachig). B. Intl. 1914. XI. 7, 9. 

8. Die Internationale Union der Holzarbeiter im Jahre 1913. (vier- 
sprachig) B. Intl. 1914. XI. 10. 

9. Oesterreichisches Komitee fiir internationale Sozialversicherung. Ver- 
offentlichungen aus Anlass der fiir September 1914 in Paris anber- 
aumten internationalen Sozialversicherungskonferenz. Referate von 
Schmitt, Kaan, Eldersch, Kienboch, Kogler, Widholz, Schnitzler, 
Blaschke, Oe. Zop. V. 1914. V. 1-2. 

1915. 

International Labor Legislation. 

1. Kampffmeyer, P. — Internationale Vereinbarungen und Arbeiterklasse. 
S. M. 1915. XXI. 12. 

2. Arbeiterschutzgesetzgebung des Auslandes im Jahre 1914. A. S. 1915. 
XXVI. 7. 

International Labor Organizations. 

1. Braun, A. — Internationale Verbindung der Gewerkschaften, A. S. S. 
1915. XXXIX. 3. 

2. Kampffmeyer, P. — Die internationalen Verbindungen der Gewerk- 
schaften. S. M. 1915. XXL iii. Oktober-Dezember. 

3. Winnig, A. — Der Krieg und die gewerkschaftliche Internationale. S. 
M. 1915. XXI. 1. 

4. Die europaischen Gewerkschaften wahrend der Kriegzeit. Gr. 1915. 
XXVIII. 11. 

5. Die Starke und Leistungsfahigkeit der internationalen Gewerkschaften 
Oesterreichs im Jahre 1914. Gsch. 1915. XVII. 28. 

6. Die Metallarbeiter der Vereinigten Staaten und der Internationale 
Metallarbeiter-Bund (Dreisprachig). I. M. R. 1915. X. 10. 

7. Reid, W. H. — Aus der Geschichte der "International Union of Timber- 
workers" in America. (4 sprachig) B. Intl. 1915. XII. 4. 

PUBLICATIONS IN FRENCH. 

1. Boilley. — Legislation internationale du travail. 

2. Malon. — Precis de socialisme. p. 242 et suiv. 

364 



BIBLIOGRAPHY 

3. Gauwes. — Traite d'Economie politique, t. III. 

4. Traite de Legislation industrielle, p. 172 et suiv. 544 et suiv. (Paul 
Pic). 

5. Bulletin de I'office international! du travail. 

6. Bulletin trimestriel de I'association internationale pour la lutte centre 
le chomage. 

7. Bulletin des Assurances Sociales. 

8. Bulletin de la commission internationale permanente pour I'etude des 
maladies professionelles. 

9. Crick, D. — La legislation internationale du travail. Revue de Droit 
international, annee 1905. p. 432 et 543. 

10. Armand-Hahn, J. P. — Annales des sciences politiques. Vol. XX. p. 
156. 

11. Brants. — (V.) — Legislation du travail comparee et internationale, 
1903. 

12. Masse, Daniel. — Legislation du travail et lois ouvrieres. 

13. Richard, Albert. — L' Association internationale des travailleurs. 

14. Cheysson, F. — ^La reglementation internationale du travail. 
L'internationalisme dans la question sociale, Reforme sociale, No. 98- 
99, 16 janv. et 1 fevrier 1890. 

15. Curti, Th. (depute). — Un office international pour la protection du 
travail, Revue politique et parlement. mai. 1896. 

16. Dekurtins, Dr. — Memoire sur la question de la protection ouvriere, 
Berne 1889. 

La legislation Internationale des travailleurs, 1891. 

17. Numa Droz. — La legislation internationale du travail, Revue Suisse, 
fevrier 1889. 

18. Jacquemins, Rolin. — Article de la Revue de droit international, 1890, 
t. XXII. p. 21 et suiv. 

19. Leroy-Beaulieu, Paul. — La conference internationale de Berne. Econ- 
omiste francais, 4 mai 1889. 

20. Journal, Le Temps, — Numeros des 2, 8, 11 fevrier, 14, 20 mars, 1 avril 
1890. 

21. Mahaim. — La question de la protection internationale des travailleurs, 
Revue d'Economie polit. 1888. 

22. Politis, Dr. E. Nicholas. — La Conference de Berlin, Revue inter- 
nationale de sociologie, jull. — aout 1894. 

23. Rescrlts de Gulllaume II. — Revue de Droit international, 1890 tome 1. 
— Revue des Deux-Mondes, 1 Mars 1890. — Revue socialiste, 1890, 
tome I. 

24. Lohmann] — Legislation industrielle des Etats du continent europeen. 

25. Serwy. — Le mouvement ouvrier socialiste International, /' Avenr 
social, fevrier 1902. 

26. Jamais Emile. — Article de la Revue hleue, 15 Mars 1890. 

27. Reforme Sociale.— Numeros de janv. a juin 1889, p. 81 et 82, 92 et 93, 
16 Janvier 1890, p. 94. 



THE INTERNATIONAL PROTECTION OF LABOR 

28. Congres de Zurich IS97.— Revue socialiste, octobre 1897. Revue d'Econ- 
omie politique, art. d' Albert Dufourg, p. 598. — Revue du Droit public, 
198, p. 7Z et suiv. 

29. Pic, Paul. — Article sur le Congres de Bruxelles, 1897. 

Revue d'Economie politique, 1897, p. 1053 en collaboration avec M. 

Brouilhet. 

Revue de Droit public et de la scietice politique, 1897, p. 559. 

Annales de Droit commercial 1898, p. 253. 

Annuaire de la societe d'economie politique de Lyon, annees 1897- 

1898. 

30. Guyot, Yves. — Revue politique et parlementaire, decembre 1897. 

31. Dejace. — Reforme sociale, novembre 1897. Journal des Economistes. — 
Numero de decembre 1897. Article sur le Congres d'Anvers 1898, 
numero d'octobre 1898. 

32. Rapin, Oscar. — Revue socialiste, octobre 1897. 

33. Tabacovici (Georges) . . . De la Legislation internationale du tra- 
vail, 1896. 

34. Descamps, Chevalier; — Les offices internationaux et leur avenir, Bul- 
letin de rAcademie royale de Belgique, annee 1894. 

35. Pic, Paul. — Article sur le Congres international pour la protection 
legale des travailleurs de Paris, juillet 1900, Questions pratiques de 
legislation ouvriere et d'Economie sociale, 1900, p. 250 et suiv. 

36. Godart, J. — Article sur le Congres international de Bale, 1901, Ques- 
tions pratiques, 1901, p. 316 et suiv. 

37. Pic, Paul. — Revue d'Economie politique, 1901, p. 689, le Congres de 
Paris 1900. 

38. Levy, G. — Congres de Cologne 1902, Questions pratiques, 1902, p. 363 
et suiv. 

39. Pic, Paul. — Rapport au Congres de Cologne sur I'interdictlon du tra- 
vail de nuit des femmes. Questions pratiques, 1902, p. 299 et suiv. 

40. Millerand, A. — Les traites de travail, la reunion de Bale 1903. Revue 
politique et parlementaire, 10 octobre 1903. 

41. Lichtenberger. — La legislation ouvriere et le mouvement industrial 
moderne, confe fence faite a Nancy, 1903, Imprimerie Pierron. 

42. Jacquemins, Rolin. — La Conference de Berlin, Econo^niste francais, 
1 mars 1891. 

43. Morisseaux (directeur de I'ofBce du travail de Belgique). — La legis- 
lation du travail. 

44. Valleroux, Hubert. — La legislation internationale du travail, Econo- 
miste francais, 1897, 2 semestre, p. 627 et 725. 

45. Michel, Georges. — Compte-rendu de la seance de la societe d'economie 
politique de Paris du 6 decembre 1897, Economiste francais, 1897, 2 
semestre p. 765. 

46. Descamps, Chevalier. — Essai sur I'organisation de I'arbitrage intern?.- 
tional, Revue de droit international et legislation comparee, 1896, t. 
XXVIII, p. 1. 

366 



BIBLIOGRAPHY 

47. Simon, Jules. — Rapport sur la conference de Berlin 1890. 

48. Archives diplomatiques, tome, XXXIII. 1890, p. 179. 

49. Compte rendu du Congres international du patronage de la jeunesse 
ouvriere tenu a Paris du 10 au 13 juin 1900. 

50. Congres international du patronage de la jeunesse ouvriere, tenu k 
Paris du 10 au 13 juin 1900. Procesverbaux sommaires, par P. Griffa- 
ton (secretaire general du congres) 27 S. Paris, 1901. 

51. Congres international des accidents de travail et des assurances so- 
ciales, 5. session tenue a Paris du 23 au. 30 juin 1900. Tome 1. Rap- 
ports presentes. Paris, 1901. 

52. Publications de I'Association Internationale pour la protection legale 
des travailleurs. No. 1. L' Association Internationale pour la protection 
legale des travailleurs. Assemblee constitutive tenue a Bale les 27 et 
28 septembre 1901. Rapports et compte-rendu des seances publics par 
le Bureau de I'Association internationale pour la protection legale des 
travailleurs. Paris, H. Le Soudier; Jena, G. Fischer; Berne, Schmid 
& Francke, 1901. 

53. Courcelle, B. — Traite de la legislation ouvriere. Paris, 1901. 

54. Congres international des accidents du travail et des assurances so- 
ciales, tenu a Paris du 23 au 30 juin 1900. Paris, Beranger. 

55. Brants, Prof. Victor. — Legislation du travail comparee et interna- 
tionale. Essai d'introduction. Louvain, Ch. Peeters; Paris, V. Le- 
coffre, 1902. 

56. L'AssocIation internationale pour la protection legale des travailleurs : 
le Congres de Cologne. M. S. VIL Octobre. 

57. Le Xin. Congres international des mineurs et les projets de secre- 
tariat permanent. M. S. VIL Oct. 

58. L' Association internationale pour la protection legale des travailleurs. 
B. O. T. IX. 12. 

59. Brants, V. — Legislation du travail comparee et internationale, Paris, 
Lecoffre et Louvain, 1903. 

60. Money, R. de — Traite sur les accidents du travail. Expos6 de la legis- 
lation et de la jurisprudence. Paris. P. Dupont, 1902. 

61. Reunion de la Commission de I'Association internationale pour la 
protection legale des travailleurs. B. O. T. X. 9. 

62. Le XI. congres international d'hygiene et de demographic. B. O. T. 
X. 9. 

63. Les revendication des mineurs et le congres international de Londres. 
M. S. 1901. VI. 8. 

64. Proces-verbal de la conference typographique internationale tenue les 
14 et 15 avril 1903 a I'hotel de ville de Strasbourg (Alsace). Bale 
1903. 

65. Reunion de la Commission de I'Association internationale pour la 
protection legale des travailleurs. B. O. T. X. 9. 

66. Lemire.—Congres international des Jardins ouvriers, 24-25 oct, 1903. 
Paris, Chevalier et Riviere. Compte-rendu. 

367 



THE INTERNATIONAL PROTECTION OF LABOR 

t7. Federation Internationale des employes. Congres international, tenu i 
Bruxelles en 1903. Compte-rendu stenographique, Liege, L. Mercenier. 

68. La mise en vigeur de la convention de travail franco-italienne du 15 
avril 1904. B. O. T. XL 10. 

69. Compte-rendu du congres international des accidents du travail et des 
assurances sociales a Paris, 23-30 juin 1900. 

70. Brants, Victor. — Ou en est la legislation Internationale du travail? 
Revue so dale catholique, Janvier 1900. 

71. Mahaim, E. — Etudes sur I'association professionelle. Liege, Imp. Vail- 
lant-Carmanne, 1890, I Vol. in 8. 

72. Renaudel, Pierre. — Pour la socialisme, broch. de 128 pages, Paris, 
1903. 

73. Brisson, Pierre. — Histoire du travail et des travailleurs, p. 481 et suiv. 

74. Chatelain, L. — La protection internatonale ouvriere. 

75. Archives diplomatiques (2 Serie) 1890. t. XXXIIL p. 325-328, p. 373- 
374; t. XXXIV. p. 269-276; t. XXXV. p. 18-74, 137-185; t. XXXVI. 
p. 15-78; (3 Serie) 1904. t. 92. p. 1269-1274. 

1904 

1. Association international pour la protection legale des travailleurs. 

Discussions de la Section nationale francaise. Paris, Alcan, 1904. 

2. Jay, R. — La protection legale des travailleurs, Paris ,1904. 

3. Mahaim. — Protection internationale du travail. Revue economique in- 
ternationale, octobre 1904. 

4. Barrault, Henry Emile. — La convention franco-italienne du 15 avril 
1904, Bulletin de la Society de protection des apprentis, juillet-aout- 
septembre, 1904. 

5. Alfassa, Maurice. — L'AssocIatlon internationale pour la protection f 
legale des travailleurs, Revue politique et parlementaire, 10 novembre | 
1904, p. 330. ■' 

6. Brants, Victor. — ^La protection internationale du travail, Louvain, 
Institut sup. de philosophie, annee 1904. 

7. Rapport annuel du Secretariat typographlque international pro 1903. 
Bale, Schweig. Typographenbund. 1904. 

International Labor Conferences. 

1. L'AssocIatlon Internationale pour la protection legale des travailleurs : 
le congres de Bale (septembre 1904) B. O. T. 1904. XI. No. 11. 

2. Le congres socialiste international d'Amsterdam. M. S. 1904. Annales 
No. 10. 

3. Pic, Paul. — Une ^tape decisive, le traite de travail franco-italien, 
Questions pratiques, ann^e 1904, p. 120. 

Le Congres de Bale, 1904, Questions pratiques, annee 1904, p. 413 et 
suiv. et annee 1905, p. 4 et suiv. 

La convention franco-italienne du 15 avril 1904 et le Droit interna- 
tionale, Revue generale de Droit international public, t. XL 1904, p. 
515. 

368 



BIBLIOGRAPHY 

4. Brants, V. — L'entente Internationale pour la protection du travail a 
I'assemblee de Bale. (Sept. 1904) Ref. Soc. XXIV. 22. 

5. Congres international des Accidents du Travail et des Assurances So- 
ciales. Bulletin du Comite permanent. Quinzieme annee, 1904. No. 2. 
Mai-Juni. Paris. 

6. Mahaim, Ernest. — L'Association Internationale pour la protection 
legale des travailleurs. Son histoire — son — but — son oeuvre, Extrait 
de la Revue economique internationale. Oktobre 1904. Bruxelles, J. 
Goemare. 

1905. 

1. Rapport annuel du Secretariat typographique international pour 1904. 
Bale, Schweiz. Typographenbund. 1905. 

2. La Legislation internationale de la mutualite. Dev. 1905. t. 29 Sept. 

3. Association internationale pour la protection legale des travailleurs. 
Deux memoires presentes aux gouvernements des Etats industriels 
en vue de la conv®cation d'une conference internationale de protec- 
tion ouvriere. Paris. Levrault & Co., 1905. 

4. Archives diplomatiques, 1905, Vol. IIL p. 271. 

5. Revue de Droit international, 1905, p. 432. (D. Crick). 

6. Pic, Paul. — Revue de Droit international prive, 1905, p. 259. 

International Labor Conferences. 

1. La conference internationale pour la protection des ouvriers. Dev. 
1905. t. 29. Fevrier. 

2. La conference internationale pour la protection des travailleurs. M. S. 
X. 1905, Annales. No. 2. 

3. Pic, Paul. — La quatrieme Congres de I'association Internationale pour 
la protection legale des travailleurs. Bale, septembre 1904 Q. P. 
1905. No. 2. 

4. Le VL Congres de I'alllance cooperative internationale M. S. 1904. 
Annales, No. 11 Dev. (t. 29.) Janvier 1905. 

5. Union typographique internationale Convention annuelle. Dominion 
of Canada. L. G. 1905. VL 3. 

6. Pic, P..— Le Congres de Berne 1905, Q. P. 1905. p. 94 et sulv., 159 et 
suiv. 

Rapport presente au Congres international de Droit compare. 

La condition juridique des travailleurs etrangers. Journal de Droit 

international prive. 1905. p. 273 et suiv, et 860 et suiv. 

7. Congres international de la tuberculose a Paris du 2 au 7 octobre 1905. 
Revue d'Hygiene et de Police sanitaire, 1905. XXVIL No. 4, Paris. 

8. Compte-rendu officlel du sixleme Congres de Talliance cooperative 
internationale. Paris, Guillaumln & Co., 1905. 

9. Brants, V. — La conference internationale de Berne pour la protection 
du travail. Ref. Soc. 1905. XXV. No. 17. 

10. Pic, P. — Le quatrieme congres de TAssocIatlon internationale pour 
la protection legale des travailleurs. Bale. sept. 1904. Q. P. 1905. No. 6. 



THE INTERNATIONAL PROTECTION OF LABOR 

11. Hahn, A. — L' Association internationale pour la protection legale des 
travailleurs. Annales des Sciences Politiques, 1905. Mars. Paris. 

12. Mahaim, E. — La conference de Berne concernant la protection ou- 
vrere. Rev. ec. i. 1905. IL 3. 

13. La conference internationale de Berne pour la protection ouvriere. 
Rev. Tr. 1905. No. 6; B. O. T. 1905. XH. No. 6. 

14. Congres international de la tuberculose a Paris du 2 au 4 octobre 
1905. Revue d'Hygiene et de Police sanitaire, 1905. XXVH. No. 4. 
Paris. 

15. Rollin, A. — Au congres international de la mutualite. Solidarite so- 
ciale. 1905. 15. 

16. Millerand, A. — La conference officielle de Berne, 1905, Paris, 1905. 

1906. 

1. Raynaud, B. — Droit international ouvrier, Paris, 1906. 

2. Mahaim. — Rev. econ. internat., novembre 1906. 

3. Martin Saint-Leon. — La protection legale des travailleurs, Musee so- 
cial, octobre 1906. 

4. Brants. — L'Association pour la protection legale des travailleurs. 
Revue sociale catholique, decembre 1906. 

International Labor Conferences. 

1. Conventions Internationales de Berne sur I'interdlction du travail de 
nuit des femmes et sur I'interdiction de I'emploi du prosphors blanc 
dans I'industrie des allumettes. B. O. T. 1906. XIIL 11. 

2. La 4 assemblee generale de I'Association internationale pour la pro- 
tection legale des travailleurs. B. O. T. 1906. XIIL 13. 

3. L'Association international pour la protection legale des travailleurs. 
A. cath. 1906. XXXI. t. LXIL 6. 

4. 5 congres international de la science de I'assurance, Ace. et Ass. 1906. 
XVII. 3. 

5. XVII congres international des mincurs. M. S. 1906. 

6. Les conventions internationales de Berne. A. cath. 1906. XXXI. t. 
LXIL 5. 

7. Mahaim, E. — Protection ouvriere Internationale. Les conventions de 
Berne et I'Assemblee de Geneve. Rev. ec. int. 1906. November. 

8. Brants, V. — L'Association pour la protection legale du travail. 1 ses- 
sion de Geneve (26-29 septembre 1906) R. S. C. 1906. Dec. 

9. Chaptal, L. — Le congres international du tuberculose. Ref. Soc. 1906. 
XXVL 2. 

10. Congres international de sans emploi. Dominion of Canada. L. G. 1906. 
VL 11. 

11. Premier congres international contre le chomage. Dec. 1906. XXX. 
Mai. 

12. Mahaim. — La protection ouvriere Internationale, la convention de 
Geneve et I'Assemblee de Geneve, Revue economlque internationale, 
novembre, 1906. 



BIBLIOGRAPHY 

International Labor Legislation. 
1. Office du Travail de Belgique, Annuaire de la legislation du travail 
annee 1905. Bruxelles. 1906. 

1907. 

1. Wodon, M. L. — Project de Convention Internationale relative aux 
Accidents du travail. Nr. VII. des publications du Comite Beige pour 
le progres de la legislation du travail. 11 p. Liege, Aug. Benard. 

2. Les conventions diplomatiques pour les accidents du travail. T. N. 

1907. 18. Aug. 

3. Pic. — Revue generaie de droit international, 1907, p. 495. 

International Labor Conferences. 

1. David, E. — La conference syndicale Internationale de Christianla. M. 
Soc. 1907. Nov. p. 420-423. 

2. SCongres international des Assurances sociales, Rome. 12-16 octobre, 

1908. Ace. et Ass. 1907. 3. 

3. Amieux, A. — Quatrieme Asscmblee generaie de I'Association Interna- 
tionale pour la protection legale des travailleurs, Q. P. }anvier-fevrier, 
1907. 

4. Pic, P. — La seconde Conference internationale de Berne et I'Assemblee 
de Geneve, Revue generaie de Droit inte^^national public, mai-sout, 
1907, p. 495. 

5. Septieme congres d'alliance cooperative internationale tenu a Cremone 
en 1907. Paris, frs. 3, 50. 

6. Union internationale des ouvriers du bois. 1907. Procesverbaux des 
congres internationaux des ouvriers du bois tenus a Amsterdam en 
1904 et a Stuttgart en 1907. 

7. Secretariat international des ouvriers employes a la construction de 
routes (Paveurs). Compte-rendue de la 2e conference internationale 
tenue a Leipzig, le 19 fevrier 1907. 24 p. Berlin, A. Knoll, fr. — , 60. 

International Labor Legislation. 
1. De Saint- Albln, L. Etat actuel de la reglementation international du 
travail. (These) 181 p. Paris, Giard & Briere, 1907. 

International Labor Organisations. 

1. Secretaire International des Centres Nationaux des Syndicats (C. 
Legien) Troisieme Rapport International sur le Mouvement Syndical, 
Berlin, C. Legien, 1907. 

2. Federation internationale des mineurs. Compte-rendu des travaux 
du seizieme congres international des mineurs tenu a Liege du 7 au 
du 7 au 11 aout 1907. Manchester, T. Ashton fils. 

3. Secretariat international des ouvriers employes a la construction de 
routes (Paveurs). Compte-rendu de la II. Conference Internationale 
tenue a Leipzig, le 19 fevrier 1907. Berlin, Secretariat international. 
Secretaire: A. Knoll. 

4. Dumas, E. — L'organisation internationale des ouvriers metallurgiques. 
M. Soc. 1907. 2. p. 149-160. 

371 



THE INTERNATIONAL PROTECTION OF LABOR 

5. Secretariat du Bureau socialiste international. L'internationale ou- 
vriere et socialiste. Rapports soumis au Congres socialiste interna- 
tional de Stuttgare par les organisations socialistes d'Europe, d'Aus- 
tralia et d'Amerique sur leur activite pendant les annees 1904-1907. 
Preface d'Emile Vandervelde. Bruxelles, 1907. 

1908. 
International Labor Legislation. 

1. Bauer, Prof. Dr. Etienne La protection legale des travailleurs et 
I'office international du travail 14 p. Lousanne, Payat & Cie, 1908. 

2. Chatelain, L.-La protection international ouvriere. These X. et 244. 
Paris, A. Rousseau, frs. 5, — 

3. Metin, A. Les traites ouvriers. Accords internationaux de prevoyance 
et de travail. (Textes officielles, commentaire et historique.) 272 p. 
Paris, A. Colen, 1908. frs. 3, 50. 

4. Boissard, A. La realisation de I'egalite entre nationaux et etrangers, 
au point de vue de rindemnlsation des accidents du travail, par voie 
de convention, Internationale. Rapport presente a I'Associatlon Inter- 
nationale pour la protection legale des travailleurs. Paris, F. Alcan & 
Guillaumin; L. Larose & L. Tenin, 1908. 

5. Metin, A. — Les traites ouvriers, Paris, 1908. 

6. Chatelain, L. — ^La protection international ouvriere. 

International Labor Organisations. 

L Secretariat International des travailleurs de la pierre. Deuxleme rap- 
port pour les annees 1906 et 1907. 21 p. Berne. Impr. de I'Union (Co- 
operative), 1908. 

International Labor Congresses. 

1. Le congres international des mineurs. B. C. T. 1908. XIV. 12. 

2. Le conference Internationale des ligues sociales d'acheteurs. Geneve. 
1908. 662 p. Fribourg (Suisse), Fragniere freres. 

3. Secretariat typographique Internationale. Proces-verbal du Ve congres 
typographique international a Paris die 9 au 13 juillet 1907. D'apres 
le releve stenographique. 173 p. Berne, Imprimerie cooperative, 1908. 

4. Assemblee generale le I'Association internationale pour la protection 
legale des travailleurs. A. cath. 1908. XXXIII. 4;— B. O. T. 1908. 
XV. 11. 

5. Mahaim, E. — ^L'Association internationale pour la protection legale 
des travailleurs a Lucern. Rev. ec. int. 1908. 15. — 20. Nov. 

6. Premiere conference internationale des ligues sociales d'acheteurs. 
B. O. T. 1908. XV. 10. 

7. Association internationale pour la protection legale des travailleurs. 

Publication No. 6. Compte-rendu de la cinquieme assemblee generale 
du Comte de I'association internationale pour la protection legale des 



mBLIOGRAPHY 

travailleurs, tenue a Lucerne, les 28, 29, et 30 septembre 1908, suivi 
des rapports annuals de I'association Internationale et de I'Office Inter- 
nationale du travail et de tableux synoptiques. 216 p. Paris, Berger- 
Levrault Cie. frs. 5, — . 

1909. 

International Labor Legislation, 

1. Pic, P. La protection legal des travailleurs et le droit international 
ouvrier, 172 p. Paris, Alcan, 1909. 

International Labor Congresses, 

1. Federation Internationale des Travailleurs de la pierre. Procesverbal 
des deliberations du lllme Congres international tenu a Cassel les 
llet 12 Avril 1908. 24 p. Berne ,Imprimerie de I'Union (Cooperative,) 
1909. 

2. Federation internationale des ouvriers jde transport Procesvarbal du 
sixieme congres international des ouvriers de transport et des con- 
ferenses des travailleurs des chemins de fer et des marins. Tenus a 
Vienne du 24 au 29 aout 1908. Rapport du Conseil Central pour 1906, 
1907, 1908, VI+ 158 p. Hambourg, H. Jochade, 1909. 

3. Le pro jet de conference internationale contre le chomage. B. A. S. 

1909. XX. 3. 

4. Bellom, M. — La conference internationale du chomage. E. Fr. 1909. 
34. p. 272-273. 

5. Le deurieme congres International medical des accidents du travail. 
B. A. S. 1909. XX. 3. 

International Labor Organizations, 

1. Duplessix, E, L'organlsation internationale. I. Vol., 151 p. Paris, La- 
rose, 1909. frs. 3, — . 

2. Maire, Henry. — L'organlsation et la representation des interets pro- 
fessionels en Belgique, en Hollande, en Allemagne, aux Etats-Unis et 
en France. Paris, Jouve, 1909. 

1910. 

1. Office Internationale du travail. Premier rapport comparee su I'appll- 
cation des lois ouvrieres. L'Inspection du Travail en Europe. Paris, 
Berger-Levrault, 1910. 

2. Capitant, H. — Les conventions Internationales sur les accidents du 
travail. R. D. L P. 1910. Juin. 

3. Le travail legislatiff en Belgique et dans les Parlements etrangers. 
(December 1909) Rev. Tr. 1910. XV. 2 (Jan.-Avr. 1910) Rev. Tr. 

1910. XV. 4, 6, 8, 10. 

4. Secretariat international den Travailleurs de 1 Pierre. Troisieme 
rapport, comprenant les annes 1908-1909. Wallisellen, Ziirlch. F. Llen- 
endinger & Cie. 

373 



THE INTERNATIONAL PROTECTION OF LABOR 

6. Mahaim, E. — Les abonnements d'ouvriers sur les lignes de chemino de 
fer beige et leurs effets sociaux .(Memoires de I'lnstitut de sociologie 
Solvay, No. 11) Bruxelles, Misch et Thron, 1910, 1 Vol. 

7. Annuaire du Mouvement Co-operatif Internationale. 1910. 

International Labor Congresses. 

1. Congres mondial des associations internationales Bruxelles, 9-11 mai 
1910. Rapport No. 17. Rapport sur I'organisation des congres interna- 
tionaux par M. C. M. Gariel Bruxelles. Secretariat du congres, 1910. 

2. Conference internationale des Assurances Sociales. La Haya, 6-8 Sep- 
tembre 1910. B. A. S. 1910. XXI. 

3. Varin. — II. Congres international des Maladies professionelles. 
Bruxelles 10-14 Septembre 1910. R. S. A. T. 1910. IV. 5. 

4. Federation Internationale des Ouvriers sur Metaux. Rapports des 
Unions affiliees des differents pays au VI. Congres International des 
Ouvriers sur Metaux .a Birmingham, 1910. Stuttgart, Alex Schlicke & 
Cie., 1910. 

5. Congres des Accidents du Travail. Bulletin des Assurances Sociales : 
Conference Internationale de la Haye 6-8 Septembre 1910. Rapports 
et Compte-Rendu. Paris, Musee social, 1910. 

6. Conferences internationales sur les reformes industrielles et sociales. 
D. C. 1910. XI. 5. 

7. Perlstein, Max. — Les Debats du Congres de Copenhague. M. soc. 
1910. Octobre. 

8. Levy, G. — Le congres de Copenhague. Les forces de rinternationale. 
Grand Rev. 1910. Novembre. 

9. Louis, Paul. — Le congres socialiste international de Copenhague. M. S. 
(Ann.) 1910. Octobre. 

10. Association internationale pour la protection legale des travailleurs. 
Publication No. 7: Compte-rendu de la sixieme assemblee generale du 
comite de I'Association internationale pour la protecton legale des tra- 
vailleurs, Lugano 26-28 Septembre 1910, suivi de rapports annuels de 
I'Association internationale et de I'Office international du travail. 
Paris, Berger-Levrault & Cie., 1910. 

11. Federation internationale des Employes Congres tenu a Geneve les 
20, 21 et 22. aout 1909. Compte-rendu analytique. Liege, Imprimerie 
Cooperative, 1910. 

12. Picard, R. — La question du travail a domicile et le Congres interna- 
tional de Bruxelles (15-17 septembre 1910) grande Rev. 1910. Oct. 

1911 

1. Le travail lelislatif dans les Parlements etrangers. Rev. Tr. 1911. XVI. 
14, 18, 22, 24. 

2. Combes de Lestrades : Les lois sur I'industrie en Austriche et en 
Allemagne. M. S. (Ann.) 1911. XVIII. 11. Supplement. 

374 



BIBLIOGRAPHY 

3. Mahaim, E. — Le protection legale des travailleurs. Lecture falte en la 
seance publique de la Classe des lettres et des sciences morales et 
politiques de TAcademie Ro3^ale de Belgique, le 3 mai 1917. Bruxelles, 
Hayez, 1911. 

4. Les assurances sociales en Europe. Etude sur la legislation Interna- 
tionale et statistique des resultats. B. S. t. R. 1911. 

5. Office Central des Institutions Internationales, Bruxelles. Son Organi- 
zation, ses Service, ses Travaux. Bruxelles, 1911. 

International Labor Conferences. 

1. Federation Internationale des Postes, Telegraphes et Telephones. 
Compte-rendu de la conference de Paris, 6 et 7 Juin 1911. Paris, 
Imprimcrie Veuve Denis, 1911. 

2. Congres international de Rome, Reunion der Bureau du jeudi 8 juin 
1911; la greve consideree comme cas de force majeure. B. F. N. 1911. 
VI. 65. 

3. Le Congres international des travailleurs du bois. R. I. C. 1911. L 1. 

4. Compte-rendu de la Conference Internationale du chomage, Paris 18- 
21 septembre 1910. Tome 1-3. Prais. M. Riviere & Cie., 1911. 

5. Mahaim, Ernest. — La session de Lugano de I'Association Interna- 
tionale pour la protection legale des travailleurs. Rev. ec. int. 1911. 
Janvier. 

6. Bellom, M. — Les assurances sociales devant la Conference de la Haye. 
R. P. P. 1910. Nov.; et Ass. 1911. XXIL 1. 

1912. 

1. Les Assurances sociales en Europe. VI. Les accords internationaux. 
B. O. T. 1912. XIX. 6. 

2. Le travail lelislatif dans les parlements etrangers. Rev. Tr. 1912. 
XVII. 16. 

3. Bry, G. — Cours elementaire de legislation industrielle. Paris, Societe 
du Recueil Sirey, 1912. 

International Labor Congresses. 

1. Bureau de I'Association Internationale pour la Protection legale des 
Travailleurs. Publication No. 8. Compte-rendu de la 7 assemblee 
generale du comite tenue a Zurich les 10, 11, et 12 Septembre, 1912 
suivi de rapports annuels de I'Association Internationale et de I'Office 
International du Travail. Paris, Berger-Levrault, 1912. 

2. La semaine sociale de Zurich. B. O. T. 1912. XIX. 10. 

3. Le congres international du travail a domicile a Zurich les 8 et 9 
septembre 1912. A. O. 1912. XIX. 539. 

4. Exposition Internationale et Universelle de Bruxelles 1910. Exposi- 
tion du travail a domicile. I. Congres international du travail a domi- 
cile reuni a Bruxelles en septembre 1910. Compte-rendu des seances. 
Bruxelles, Misch et Thron, 1912. 

375 



THE INTERNATIONAL PROTECTION OF LABOR 

1913 

1. Federation Internationale des ouvriers du transport. Extralt du NeU" 
vieme rapport international sur le mouvement syndical de 1911. Berlin, 
H. Jochade, 1913. 

2. Noaro, G. C. — Le convention Italo-Allemande 31 juillet 1912, 25 mars 
1913. Les conditions fondamentales d'un nouveau droit international 
pour la prevoyance sociale. B. M. I. E. S. 1913. IV. 12. 

3. Federation Internationale des Ouvriers du Transport. Rapports des 
organisations sur les conditions sociales, economiques, legales et sur 
les conditions d'organisation du personnel des chemins de fer et des 
tramways, des marnes, des ouvriers des ports et du transport, etc. de 
tous les pays pendant les annees 1910, 1911 et 1912. Berlin, H. Jochade, 
1913. 

4. Rapport due Conseit Central de la Federation Internationale des 

Ouvriers de Transport au Congres International tenu du 26 a 30 
Aout 1913 e Londres. Berlin. H. Jochade, 1913. 

5. Pic, P. — Les assurances sociales en France et a I'estranger. Paris, 
Mean, 1913. 

6. Office central des associations Internationales. Organisation ouvrlere 
Internationale. Syndicalisme et internationalisme. Les federations In- 
ternationales de metiers. Le secretariat international des federations 
syndicales nationales. Bruxelles, Lamberty, 1913. 

7. Mahaim, Ernest. — Le droit International ouvrler Librairle de la So- 

ciete du Recueil Sirey, 22 Rue Soufflet, Paris. 

International Labor Congresses. 

1. III. Conference Internationale des assurances sociales Zurich 10-11 
septembre, 1912. B. A. S. 1913. XXIV. 1. 

2. III. Conference Internationale des assurances sociales XL reunion du 
comite permanent international des assurances sociales a Zurich 10-11 
septembre 1912. (Compte-rendu prepare par les soins de P. Logoz et 
Ed. Fuster.) Paris, Musee social, 1913. 

3. Secretariat typographique international: Proces-verbal lu VI. con- 
gres typographique international a Stuttgart du 12 au 15 aout 1912. 
Stuttgart, edition privee, 1913. 

4. Pic, P.— La semains sociale de Zurich. Q. P. 1913. XIV. 1-3, 6. 

5. Blondel, G. — Note sur le congres du travail a domicile. 

6. Fagnot, F. La conference Internationale de legislation ouvrlere. P. O. 
1913. in. 21. 

7. Les resolutions de la conferenz Internationale de legislation ouvrlere. 

A. O. 1913. XX. 577; P. O. 1913. III. 22. 

8. La conference Internationale de Berne, 15-25 septembre 1913. B. O. T. 
1913. XX. 10; A. O. 1913. XX. 573. 

9. La I. assemblee de I'assoclatlon Internationale pour la lutte contre 
le chomage. Gand. 5 et 6 septembre 1913. B. M. T. 1913. XX. 11; 

B. A. L. C. 1913. III. 3, 4. 



BIBLIOGRAPHY 

10. Conference internationale des Ligues sociales d'Acheteurs a Anvers 
26-28 septembre 1913. Compte-rendu. B. L. S. A. 1913. IX. 4; B. M. T. 
1913. XX. 12. 

11. Actes de la conference pour la protection ouvriere; reunie a Berne 
du 15 au 25 septembre 1913. Berne, Stampfli. 

12. Congres de Talliance co-operative internationale a Glasgow. A. O. 
1913. XX. 572. 

13. Damau, P. — IV. congres international d'assainissement et de salubrite 
de I'habitation. Anvers 31 aout — 7 septembre 1913. I. Section: Hy- 
giene le I'emigrant. Logement a terre. Anvers, 1913. 

14. Premier congres international de la protection de I'enfance Bruxelles 
1913. Bruxelles, Moniteur Beige, 1913. 

15. Second congres international du travail a domicile. Zurich, 8-9, sep- 
tembre 1912. Rapports et comptes-rendus des seances. Bruxelles, Misch 
et Thron, 1913. 

16. X. congres international d' agriculture, Gand 1913. Bruxelles, 1913. 

17. Rapports du X. congres international des habitations a bon marche, 
La Haye-Scheveningen, Septembre, Rotterdam, Nijghen van Ditmar, 
1913. 

1914. 

International Labor Congres^ses. 

1. Protocole du IV. congres des travailleurs de la pierre tenu a Bruxelles 
les 12 et 13 Octobre 1913. La Chaux-de-Fonds, Imprimerie Co-oper- 
ative, 1914. 

2. Huitieme assemblee des delegues de I'Association internationale pour 
la protection legale des travailleurs. V. I. N. 1914. V. 3. 

3. Association pour la lutte centre le chomage. Assemblee generale de 
Gand 5-6 septembre 1913. Proces-verbaux des reunions et documents 
annexes. B. A. L. C. 1914. IV. 2. 

4. Conference internationale des delees et membres des ligues sociales 
d'acheteurs teniie a Anvers les 26, 27 et 28 septembre 1913. Compte- 
rendu. B. L. S. A. 1914. 1. 

5. Congres des assurances sociales, Washington, 1915. B. A. S. 1914. 
XXX. I. 

International Labor Legislation. 

1. Le mouvement syndical international en 1912. V. I. N. 1914. V. 5. 

2. Bourgeois,L. — L'organisation internationale de la prevoyance sociale. 
B. A. S. 1914. XXV. 1. 

3. Le developpeent de la legislation sociale en Europe et aux Etats- 
Unis en 1913. B. M. T. 1914. XXI. 2. 

4. Legislation du travail en Belgique et dans les parlements etrangers. 
Rev. Tr. 1914. XIX. 2, 4. 

5. Protection legale des travailleurs. V. L N. 1914. V. 1-2. 

6. Annee sociale internationale 1913-1914, Paris, Gabalda, 1914. 

i77 



THE INTERNATIONAL PROTECTION OF LABOR 

PUBLICATIONS IN ENGLISH. 

1. Bulletin of the International Labor Office. 

2. Conference of Delegates from the General Federations of Trade 
Unions of the Allied Countries. Historical Survey of the Efforts to 
Co-ordinate and Internationalize Labor Legislation. Issued by the 
Central Federation of Trade Unions, London. 

3. Reinsch. — Public International Unions. 

4. Bauer. — International Labor Office, Economic Journal^ 1903. 

5. American Labor Legislation Review. 

6. Report of the Proceedings of the Third International Congress for 
the Welfare and Protection of Children. Held at London, 15-18 July, 
1902. P. S. King & Son, 1902. 

7. Bauer, Prof. Dr. St. — The International Labour Office in Basle. E. J. 
XIII. 51. 

8. Annual Convention of the International Association of Factory In- 
spectors, D. C. IX. 3. 

9. Documentary History of American Industrial Society by Commons 
and Andrews, Vol. IX. pp. 43-46, 333-378. 

10. Fairies, John Culbert. — The Rise of Internationism, pp. 52, 89-90. 

11. Bulletin fo the Bureau of Labor, No. 54, Sept. 1904, Washington, pp. 
1023-1986. 

12. Pubhcations of the International Association for the Legal Protec- 
tion of Labor. No. 5, 6, 7, 8. 

13. Supplementary Appendix to Vol. I. of the Life of Robert Owen. pp. 
X-XII, 209-222. 

14. Carlton. — History and Problems of Organized Labor, p. 310. 

15. Woolf, L. S. — International government. (See 1916.) 

1904. 
1. International Labor Statistics. N. Y. 1904. 22. 

1905. 

1. Cockburn, J.— Report on the International Workmen's Congress in 
Vienna, 1905, together with an account of the system of Workmen's 
Insurance, including Old Age Pensions, in Germany. Melbourne, J. 
Kemp. • 

2. Fehlinger, H.— Trades unionism in Europe. A. F. 1905. XII. No. 2. 

3. International Labor Legislation. Y. R. 1905. XIV. 3. 

4. The Tuberculosis Congress. T. 1905. October 10. 

5. The Labour Market. T. 1905. 16 May, 15 July, 16 Aug.-Nov. 

1906 
1. International Typographical Union. Fifty-second session, Colorado 
Springs, Colo., August 13-18, 1906. Colorado Springs. See also Reports 
of Committee on Laws, and Report of Eight Hour Committee. 

378 



BIBLIOGRAPHY 

2. International Spinners' Union, Convention Report. Held in Boston, 
Mass, Sept. 13, 14, 15, 1906. 

3. The Berne Conference. The Geneva Convention. Should our Consti- 
tution be Amended? Y. R. 1906. XV. 3. 

4. Taussig, F. W. — Wages and Prices in Relation to International Trade. 
Q. J. 1906. XX. 4. 

5. International Society of Sculpotors, Painters, and Gravers. Times, 
London, 1906. Jan. 11. 

6. International Federation of Textile Workers' Associations. Periodical 

Reports, No. 1. Contains statistics of wages and hours in Germany, 
England, Austria, Holland, Denmark, and Belgium. (In English, French 
and German) Manchester, "Cotton Factory Times" Office, 1906. 

1907. 

1. International Strikes in Europe. Am. Monthly Cons. Rep. No. 319. 
Washington, Gov. Print. Office, 1907. 

2. International Conference on Labor Regulation at Berne, September, 

1906. Memorandum with the Text of the Documents signed at the 
Conference. London, King & Son. 

3. The International Socialist and Labor Congresses. L. L. 1907. 23, 30. 
Aug. ; J. L. 1907. 24, 31. Aug. 

4. Executive Committee of the International Co-operative Alliance. In- 
ternational Co-operative Bibliography. London, King & Son. 

5. International Labor Legislation. Dispatches on the Subject from the 
Colonial Office referred to the minister of Labor, D. C. 1907, 1 p. 
78-81. 

6. International Association of Factory Inspectors. Twenty-first annual 
convention held at Hartford, Connecticut, June 4th, 5th and 6th, 

1907, 122 p. 

7. International Union of Wood- Workers. Proceedings of the interna- 
tional Wood-Workers' Congress in Amsterdam 1904 and Stuttgart 
1907. 63+62+61 p. Stuttgart, 1907. 

8. The international secretariate of workers employed in road making. 
Second International Conference of workers employed in road mak- 
ing held on February 17, 1907 in Leipzig. 14 p. Berhn, A. Knoll. M. — , 
30. 

1908. 

1. International Federation of Textile Workers* Associations. Report 
No. 5 December 1907, Ashton-under-Lyne, Andrew, 1908. 

2. First International Congress of Consumers' Leagues. T. I. 1908. 11. 7. 

1909. 

1. Master Cotton Spinners' and Manufacturers* Associations. Report o£ 
sirth international Congress of delegated representatives held at 
Milan, May, 1909. London, P. S. King & Son. 

379 



THE INTERNATIONAL PROTECTION OP" LABOR 

2. "British Section." The Lucerne Conference. W. T. U. 1909. 72. 

3. International Transportworkers' Federation. Proceedings of the VI 
International Convention of transportworker's railwaymen's and sea- 
men's conferences. Held in Vienna from August 24th to 29th incl. 
1908. Report of the Central Council for 1906, 1907, 1908. VI 155 p. 
Hamburg, H. Jochade, 1909. 

4. International Association for Labour Legislation. Publication No. 6. 
Report of the fifth general meeting of the committee of the Interna- 
tional Association for Labour Legislation held at Lucerne, September 
28th to 30th, 1908. Together with the annual reports of the Interna- 
nation Labour Office and appendices. Issued by the Board of the 
International Association for Labour Legislation. 121 p. Woolwich, 
Labour legislation. Labour representation newspaper printing and 
publishing Co. Ltd. 1909. 

5. Authorities of the Trades' Union Congress and parliamentary com- 
mittee, report of proceedings at the forty-second annual Trades 
Union Congress, London, September 6th-llth, 1909 206 p. London, 
Co-operative Printing Society Ltd., 1909. 

6. Co-operation in Europe. (Arena, U. S. A.) J. L. N. Z. 1909. XVII. 
194. 

1910. 

1. President Gompers in Europe. A General View of European Working 
Class Conditions. A. F. 1910. 17. 1. 

2. Potter, D. — International Labor Legislation. E. J. 1910. September. 

3. Linotype and Monotype and the International Typographical Union. 
A. F. 1910. XVIL 11. 

4. International Metalworkers' Federation. Reports of the affiliated Na- 
tional Organidatlons to the VI. International Metalworkers Congress 
at Birmingham 1910. Stuttgart, Alex Schlicke & Cie., 1910. 

5. Proceedings of the Sixth International Convention of Transport 
Workers of the Railwaymen's and Seamen's Conferences, held in 
Vienna from August 24-29, 1908. International Transportworkers Fed- 
eration, 1909. Hamburg, Besenblnderhof, H. Jochade. 

6. The International Conference on Unemployment. J. St. S. 1910. Dec. 

1911. 

1. Lubin, David. — International Institute of Agriculture and lis Bear-' 
ings on Labor. A. F. 1911. XVIII. 6. 

2. International Trade Union Statistics. N. Y. 1911. 48. 

3. International Unemployment Conference. Charity Organis. Dev. 1911. 
10. 

4. International Association for Labor Legislation. Publication No. 7: 
Report of the Sixth General Meeting of the Committee of the Inter- 
national Association for Labor Legislation, Lugano, Sept. 26-28, 1910. 
Annual Reports of the International Association and of the Interna- 
tional Labor Office and Appendices. London, King & Son. 1911. 

3B0 



BIBLIOGRAPHY 

5. Sanger, Sophy. — Industrial Laws and International Agreement. W. T. 
U. 1911. 1. 

6. Women and International Labor Legislation : The Lugano Conference. 
W. L N. 1911. 1. 

7. International Labor Office. First comparative report on the adminis- 
tration of labor laws. Inspection in Europe. London, King & Son, 
1911. 

8. Sanger, Sophy. — The International Conference on Unemployment. 
W. I. N. 1911. January. 

1912. 

1. Bureau of the International Association for Labor Legislation. Publi- 
cation No. 8: Report of the Seventh General Meeting of the Com- 
mittee held at Zurich, September 1012, 1912. Annua-1 Reports of the 
International Labor Office and Appendices. London, P .S. King & 
Son, 1912. 

2. International Association of Bureaus of Labor. Proceedings. Factory 
Inspection and Industrial Commissioners. (Twenty-eighth Annual 
Convention). Washington, 1912. 

3. International Trade Union Statistics. N. Y. 1912. XIV. 52. 

1913. 

1. International Federation of Trade Unions (auch Deutsch und fran- 
zosisch). L M. R. 1913. VII. 10. 

2. Deibler, F. S. — The Amalgamated Wood Workers' International 
Union of America; a Historical Study of Trade Unionism in its 
Relation to the Development of an Industry. Madison, University of 
Wisconsin, 1913. 

3. International Transport Workers' Federation. Reports of the Organi- 
zations concerning the Social-economic Conditions, State of Organi- 
zations and Rights enjoyed by the Tramwaymen, Seamen, Dock and 
Transport Workers, etc. in all Countries for the Years 1910, 1911, 
1912. Berlin, H. Jochade, 1913. 

4. Report of the Central-Council of the International Transport 
Workers' Federation submitted to the International Congress to be 
held August 26-30, 1913 in London. Berlin, H. Jochade, 1913. 

1914. 

1. International Conference for the Protection of Workpeople. "D.Q. 
1914. XIV 9. 

2. More about the Berne Conference. W. L. L. 1914. III. 4. 

1915. 
1. International Legislation for the Protection of Workers. (3 sprachig). 
I. M. R. 1915. X. 2. 4-6. 

1916. 
1. Woolf, L. S. — International Government (Fabian Bookshop, 25 Tot- 
hill Street, Westminster; and George Allen and Unum, Limited, 40, 
Museum Street, London, W. C.) pp. 180-192, 211-216. 

381 



THE INTERNATIONAL PROTECTION OF LABOR 
PUBLICATIONS IN ITALIAN. 

. XI. Congresso internazionale d'igiene e demografia. Rivista della bene- 
ficenza publica, delle instituzioni di previdenza e di igiene sociale. 
Sept. 1903. 

2. Congresso (Primo) internazionale per I'infanzia (tenuto in) Firenze, 
ottobre 1896: memorie, discussioni e processi verbali pubblicati sotto 
la direzione del presidente dall'ing. Enrico Bianciardi, segretario del 
congresso, coadiuvato dall'avv Giacomo Ceroni e dall'avv. Lamberto 
Lamberti. Vol. II. Milano, stab. tip. Enrico Reggiani, 1902. 8. 

3. Convenzione fra I'ltalia e la Francia per regolare la protezione degli 
operai. B. U. L. I. 3. 

4. Valentini-Fersini, G. Protezior.e e legislazione internazionale del la- 
voro; prod romi di un diritto internazionale operaio. XV+288 p. 
Torino. L. 4, — . 

1904. 

1. Congresso internazionale del partito socialista. B. U. L. 1904. No. 2. 

2. A. Nicolo. — II lavoro nelle risaie. Osservazioni sul reante progetto 
di legge compilato dal Consiglio del lavoro. Pisa, 1914. 

3. Assemblea de comitato dell'associazione internazionale per la pro- 
tezione legale dei lavoratori. B. U. L. 1904. 11. No. 3. 

1905. 

1. II Congresso internazionale per il risanamento e I'igiene delle abita- 
zione in Parigi. B. U. L. 1905. III. No. 1. 

2. Conferenza internazionale per la protezione oprai in Berna. B. U. L. 
1905. III. No. 5. 

3. Manfredi, V. — La condizione dello strancero nelle leggi sulle assicura- 

zioni contro gl'infor-tuni e sulla responsibilita professonale. Estratto 
della Rivista Internazionale di scienze sociali e discipline ansilarie. 
Roma, 1905. 

4. Congresso internazionale medico per gli infortuni sul lavoro, tenuto 
in Liegi dal 28 maggio al 3 Giugno 1905. B. U. L, 1905. IV. 3. 

1906. 

1. IV. Assemblea del Comitato deH'Associazione internazionale per la 
protezione legislativa dei lavoratori. B. U. L. 1906. VI. 4. 

2. II Conbresso internazionale di Vienna per la assicurazioni operaie. 
Cr. s. 1906. XVI. 2.6. 

3. II. Congresso contro la disoccupazione. Um. 1906. II. 15. 22. 

4. Primo Congresso internazionale per la lotta contro la disoccupazione. 
B. U. L. 1906. VI. 4. 

382 



BIBLIOGRAPHY 

5. Pagllari, roi. F. — II Congresso della resistenza e il Congresso Inter- 
nazionale per la lotta contro la disoccupazione. Cr. s. 1906. XVI. 19. 

6. Michels, R. — II primo Congresso internazionale per la lotta contro 
la disoccupazione, Ref. Soc. 1906. Dec. 

7. Pagliari, Prof. F. — II primo Congresso internazionale contro la dis- 
occupazione. Cr. s. 1906. XVI. 21, 

8. Convenzioni internazionale per la protezione dei lavoratori stipulate 
nella Conferenza tenuta a Berna il 26 settembre 1906. B. U. L. 1906, 
Oct. 

9. Congresso internazionale pro riposa settlmanale. B, U. L. 1906. Nov. 
10. Michels, R. — I. Sindacati Tedeschi e la lotta contro la Disoccupa- 
zione. Atti del I, Congresso Internazionale per la lotta contro la 
Disoccupazione. Milano, Societa Umanitaria, 1906, 

1907. 

1. V. Assemblea internazionale dei delegati dei segretariati nazionali, 
B. U. L. 1907. VIII. 4. 

2. VII. Congresso socialista internazionale. B. U. L. 1907. VIII. 3. 

3- XII. Congresso internazionale sul riposo festivo, B. U. L. 1907. 
VIII. 4. 

4. XIV. Congresso internazionale d'igiene e di demografia. B. U. L. 

1907. VIII. 6. 

5. I. Congresso internazionale dei lavoranti panattieri e pasticceri. B. 
U. L. 1907. VIII. 4. 

6. Congresso internazionale dei muratorl. B. U. L. 1907. VIII. 3. 

7. Pagliari, F. — II movimento operaio internazionale. Cr. s. 1907. XVII. 9. 

8. Atti del III. Congresso risicolo Internazionale: Pavia, 27, 28, 39, 
ottobre, 1906. Milano, Abbiate, 1907. 

9. Resoconto del III. Congresso internazionale della mutualita, Milano, 
21-23 settembre, 1906. Milano, Strazza, 1907, 

1908. 

1. Seconda relazione intorno al movimento internazionale dei lavora- 
tori della petra degli anni 1906 e 1907. 18 p. Lugano, Cooperativa 
Tipografica Sociale, 1908. 

2. Vassembles generale dell' Associazione internazionale per la protezione 
legislativa dei lavoratori. B. U. L. 1908 X. 4. 

3. II Congresso Internazionale delle associazloni agrarie cooperative. 
B. U. L. 1908. X. 4. 

4. VIII. Congresso internazionale delle assicurazioni sociali. B. U. L. 

1908. X. 4. 



THE INTERNATIONAL PROTECTION OF LABOR 

5. Cattaneas, M. II congresso internazionale di Londra per le case popo- 
lari. Ref. Soc. 1908. XIX. 3. 

6. Atti del IV. congresso internazionale D'assistenza publica at privata. 
Vol. IV. 280 p. Milano. 

7. Ottavo congresso internazionale. Assn, 1908. 584. 

1909. 

1. Merloni ,Prof. G. — L'isolamento del Sindacalismo alia Conferenza 
internazionale operaia. Cr. s. 1909. XIX. 18. 

2. Federazione internazionale dei lavoratori delle pietra. Verbale dei 
dcliberati del III. congresso internazionale tenutosi a Kassel nei 
giorni 11, 12 aprile 1908, Berne, Tipagr. dell'Unione (Cooperatina), 
1909. 

1910. 

1. La VI. Assemblea deirAssociazIone Internazionale per la protezione 
legale dei lavoratori (Lugano 1910). Publicazloni della Sezione itali- 
ana. Nuova Serie. Roma, Officina poligrafica. 

1911. 

1. Monti, A. — II Congresso internazionale di Bruxelles per lo studio 
delle Malattie del lavoro. Ram. 1911. V. 3. 

2. II segretariato internazionale delle organizzazioni operaie nel 1909 
B. U. L. 1911. XVL 3. 

3. Locatelli, A. F. — Le leggi sul lavoro e il diritto internazionale operaio, 
con prefazione del Prof. E. Catellani, Padova, Fratelli Drucker, 1911. 

1912. 

1. L'organizzazione operaia internazionale nel 1910. "C. F. L. 1912. VL 
249. 

2. VII. Assemblea generale dell'Associazione internazionale per la pro- 
tezione legale dei lavoratori. B. U. L. 1912. XVIII. 10. 

3. III. Congresso medico internazionale per gli infortuni del lavoro. 
M. A. S. 1912. V. 8-9. 

1913. 

1. Conferenza internazionale di Berna per la disciplina del lavoro delle 
donne e degli adolescenti. B. U. L. (N. S.) 1913. 17. 

2. III. Congresso internazionale per le malattie del lavoro. B. U. L. 
1913. 11. 

3. Congresso dell'associazione internazionale per la lotta contro la dis- 
occupazione. C. F. L. 1913. VIL 291. B. U. L. 1913. 16. 

4. Ottava Conferenza internazionale dei sindacati. C. F. L. 1913. VII. 
287. 

5. Lo sviluppo della legislazione sociale in Europa nel 1912. C. F. L. 
1913. VII. 287. 

384 



BIBLIOGRAPHY 



1914. 



1. Legislazione sul lavoro in Italia e all'estero. B. U. L. 1914. XXI. 1-3. 

2. II movimento internazionale dei sindacati nel 1912. B. U. L. 1914. XXI. 
2-3; B. U. L. (N. S.) 1914. 11. 7; Conf. L. 1914. VIII. 301. 

3. Resoconto del IV. Congresso internazionale dei lavoranti in pietra, 
Bruxelles 12-13, ottobre 1913. Lugano, Sanvito, 1914. 

PUBLICATIONS IN SPANISH. 

1. VI. Congreso de la alianza cooperativa internaclonal. B. R. S. 1904. 
I. No. VI. 

2. IV. Congreso internacional de beneficencia publica y privada. B. R. S. 
1906. III. 25. 

3. I. Congreso internacional de enfermedades profesionales. B. R. S. 
1906. III. 25. 

4. XI. Congreso internacional de descanso semanal. B. R. S. 1906. III. 
30. 

5. Congreso internacional de obreros de transportes terrestres y mari- 
timos. B. R. S. 1906. III. 27. 

6. XVII. Congreso internacional de mineros. B. R. S. 1906. III. 26. 

7. I. Congreso internacional para la lucha contra el paro. B. R. S. 1906. 
III. 30. 

8. Movimento social internacional ; convenciones internacionales sobre la 
prohibicion del trabajo nocturno de las mujeres y sobre la prohibi- 
cion del empleo del fosforo bianco. B. Arg. 1907. 458. p. 20-22. 

9. Movimento obrero internacional en 1905. B. R. S. 1907. XXXV. p. 
964-967. 

10. La asociacion Internacional para la proteccion legal de los trabaja- 
dores. "El Mercurlo." 1907. 21. July. 

11. Montoliu, C. — VIII. Congreso cooperatlvo Internacional celebrado en 
Hamburgo. Bol. M. S. 1910. I. 5. 

12. Convencion internacional sobre la prohibicion del trabajo nocturno de 
las mujeres empleades en la industria. Bol. M. S. 1910. I. 6. 

13. Congresos Internacionales y leglslacion social durante el ano 1908. 
B. D. T. 1910. Marzo. 

14. Congreso Cooperativo Internacional. B. D. T. 1911. 17. 

15. IX. Congreso internacional de Agricultura. (Madrid 1-6 de Majo in- 
clusivo) E. S. 1911. IL 7. 

16. Eza. Conferencia internacional sobre la falta de trabajo, en Gante. 
E. S. 1911. IL 11. 

17. Maluquer y Salvador, J. — Notas sobre el seguro obrero Internacional. 
E. S. 1911. IL 10. 

18. El Congres internacional de rhabltacio barata a Schevenlngue. Bol. 
M. S. 1913. IV. Octobre. 

19. La primera assamblea internacional contra'l paro forcos. BoL M. S. 
1913. IV. Octobre. 



THE INTERNATIONAL PROTECTION OF LABOR 

20. VIII. Conferencia Internacional de centrales sindicales. B. R. S. 1913. 
X. Diciembre. 

21. Lopez Nunez, A., Figueras, M., Madariaga, R., Tallada, J. Los 
congresos sociales de Zurich en Septiembre de 1912, La VII. assamblea 
de la Asoclacon Internacional para la proteccion legal de los trabajo- 
dores, Madrid, Minuesa de los Rios, 1913, p. 1. 

22. Conferencia internacional de Sendicatos cristlanos en Zurich. Rev. c. 

1908. XIV. (Agosto). 

23. Biblioteca social de mutualidad La Va asamblea general de la Aso- 
clacion Internacional para la proteccion legal de los trataj adores (Lu- 
cerna, 28. — 30 Septiembre 1908) Cuenta rendia a la secclon espaiiola 
de la asoclaclon par su delegado Jose Manuel de Bayo y Gonzalez 
Elipe. 23 p. Madrid, Est. Tip de la Vluda e Hijos de M. Tello, 1908. 

24. Conventio entre Francia e Italia sobre el Trabaja- B. R. S. I. 1. 

25. El III. congres internacional de les malatties professionals a Viena. 
Bol. M. S. 1914. V. 25. 

26. Asamblea de la Asoclaclon Internacional para la Proteccion legal de 
los Trabaj adores. B. R. S. 1909. VL 55. 



PUBLISHED IN ROUMANIA. 

1. Les assurances sociales en Europe. Etude sur la legislation interna- 
tionale et statlstique des resultats. B. S. t. R. 1911. 



PUBLISHED IN SWEDEN. 

1. Sjunde internationella berattelsen ofver fackforeningsrorelsen. Medd. 
1911. 7. 

2. Tionde internationella berattelsen ofver fackforeningsrorelsen (1912). 
Medd. 1914. V. 4. 

3. Fiirst, Th. — Den internationella arbetarskyddslagstiftningen. Konferen- 
sen i Bern 1913. Ask. 1913. 10-12. 

4. Arbetsloshetskongressen i Gent. Medd, 1913. IV. 10. 

5. VIII. Internationale fagforeningskonferense i Zurich. Medd. 1913. 
VIII. 10. 

6. Internationell arbetarskyddstutallning i New York. Ask. 1913. 9. 

PUBLISHED IN AUSTRIA-HUNGARY. 

1. Gaal, J. — Jelentes a nemzetkozi torvenyes munkasvedelmi egyesiilet- 
nek 1906. evi szeptember 26-29ik napjain Genfben tartott nagygyule- 
serol, Budapest, Revai, 1907. 

2. Nemzetkozi jelentes a szakszervezeti mozgalomrol. S. E. 1907. III. p. 
17. 



386 



BIBLIOGRAPHY 

3. Tayerle, R.— Mezinarodni hnuti odborove v Evrope. Ar. 1907. XL 12. 

4. Maday, A. — A torvenyes munkasvedelem nemzetkozi szabalyozasa. 
Kiilonlenyomat. Budapest, Politzer, 1910. 

5. Gaal, J — Jelentes az 1912 evi szeptember ho 6-12 en Zurich ben Aartott 
szocialpolitikai nemzetkozi tanacskozasokrol. Budapest, KiUan, 1912. 

6. Marschan, Geza. — A szocialpolitikai torvenyhozas, 1913 — ban. Europa 
es Araerikai Egyesult-Allamok. T. M. E. 1914. VI, 2, 

PUBLISHED IN DENMARK. 

1. Jensen, A. — Den internationale Arbejderbeskyttelses Konference i 
Bern, N. T. 1905. Sept. Oct. 

2. Den ottende internationale Arbejderforsikringskongres i Rom. T. A. 
1909. V. 4, 5. 

3. Den 8 de internationale arbejderforsikringskongress i Rom. N. T. 
1909. 2. 

4. Trap. Cordt. Den internationale Arbejderforsikringskonference i 
Scheveningen, 1910. T. A. 1911. VII. 2. 

5. International Kongres til Forebyggelse af Ulykkestilfaelde under 
Arbejdet. T. A. 1912. VIII. 2. 

6. Trap. C — Den 7 internationale Arbejderforsikringskonference i Wien. 
N. T. 1905. Noy.-Dec. 



PUBLISHED IN HOLLAND. 

1. Erste algemeen vergadering van de Internationale Vereeniging ter 

bestrijding der Werkloosheid. M. C. B. S. 1913. VIII. 10. 

2. Vooys, J. P. de. — De internationale vereeningung voor wettelijke be- 
scherming der arbeiders aan het werk. Overgedrukt uit Vragen der 
Tijds, Haarlem, H. D. Tjeenk Willink & Zoon, 1904. 

PUBLISHED IN FINLAND. 

1. Snellman, G. R. — Ofversikt af Lagstiftningen angaende arbetareskydd 
i Europa farnmasta Stater samt i Australien, Helsingfors, 1906. 

2. Redogorelse for de socialpolitiska Kongresserna i Haag, Paris och 
Lugano. A. T. Fin. 1911. V. 1. 

3. Den sociala veckan i Ziirich. A. T. Fin. 1912. 4. 

4. Andra internationella arbetarskyddskonferensen i Bern. Medd. 1913. 
IV. 10; A. T. Fin. 1913. VII. 6. 

5. Suomen Tyovaensuojelus-ja sosialivakuutusyhdistys. Gent'in tyot- 
tomyyskongressi (Einar Book). Helsinki, Helsingin usi Kirjapaino- 
Osakeyhtio, 1914. 



387 



INDEX 



1 



INDEX 



{See also Tables of Contents of Bibliography, p. 334, of Appendix 
I, p. 174 and of Appendix II, p. 239). 



Accident Insurance — See Insurance, 

and Treaties. 
Accident reports — 81, 89. 
Accidents — 80. 
Adler, Georg — 23. 
Agricultural enterprises — 35, 115. 
Aix-la-Chapelle (1818)— 11. 
Aliens— 4, 42, 51, 59, 62-63, 101, 151, 

165-68. 

See Assigns. 
American Association for Labor 

Legislation — 

See Sections, and United States. 
American Emigrant Company — 16. 
American Federation of Labor — 

90-91. 
American Labor Legislation Review 

-88. 
Anarchists — 16. 
Andrews, J. B.— 59, 87. 
Ankylostomiasis — 63. 
Anthrax — 63-64. 
Appendices I and II — 169, 231. 
Arbitration— 32, 56-57, 153, 157-158. 
Arkwright — 7. 
Army— 55, 107. 
Assigns under social insurance — 62, 

140, 146, 148-149, 152, 161-162, 

167-168. 
Assumption of risk — 84. 
Bank transfers— 138, 139-140, 146. 
Baron— 18. 

Beet sugar- 115, 116, 125, 134. 
Berlepsch— 29, 31, 2>7, 40. 
Bern Conference (1905)— 44, 46, 

112-117. 



Bern Conference (1906) -47, 69, 

119-130. 135. 
Bern Conference (1913)— 59, 61, 64, 

76, 131-136. 
Bern Conventions — 26, 51, 52, 58, 6b, 
72-7Z, 92, 112-132. 
On day-work (tentative) — 3, 33, 

58, 59, 101, 133-136. 
On night-work of women (tenta- 
tive)— 114-117, 119. 
On night-work of young persons 
(tentative)— 3, 33, 58, 59, 76-78, 
101, 132-135. 
On use of phosphorus (tentative) 
113-114, 118. 
Bern Conventions — 
Adherents— 126-131. 
On night-work of women — 3, 33, 
72, 75, 100-101, 114-117, 118, 119- 
121, 123-128, 133-136. 
On use of phosphorus — 3, 51, 61, 
69, 72>, 75, 118, 121-122, 129-131. 
Bibliography — 33 1 . 
Bismarck— 17, 23, 28, 31. 
Bluntschli— 14. 

Bouches-du-Rhone, Council of — ^27. 
Braber— 14. 
Brentano — 14, 24. 
Bulletin de I'Office International du 

Travail — 40. 
Bulletin des Internationalen Arbeit- 

s amies — 40. 
Bulletin of the International Labor 

Office-40, 48, 58. 
Bulletin trimestriel de I'association 
internafionale pour la liitte contre 
le chomage-^9S, note. 



INDEX (Continued) 



Bureaus— See Labor Bureaus. 
Burma — 12. 
Caissons — 58, 59, 60. 
Cameron, A. C. — 16. 
Canada— 58, 130. 
Cartwright — 7. 
Cauwes — 40. 

Ceramic industry— 58, 59, 60, 62. 
Chamberlain — 89. 
Chatelain — 11. 

Child Labor— 13, 21, 22, 23, 26, 27, 
31, 32-33, 35, 47, 48, 58, 59, 62, 100- 
101, 131-136, 138, 141, 154-156. 
See Italian child laborers, and 
night-work of young people. 
China— 12. 

Circular Note — See Federal Coun- 
cil, Swiss. 
Climate— 67, 72, 120, 132. 
Cohn, Gustave— 18, 20. 
Columbia University — 89. 
Commercial Treaty — See Treaties. 
Commercial Treaty Concessions — 

24. 
Commission Plan — See Wisconsin — 

95. 
Committee Meeting (Basel, 1903) — 

See Delegates' Meetings. 
Commons, John R. — 87, 90. 
Compensation Laws — See Work- 
men's Compensation. 
Conference of Berlin (1890)— 30, 

34, 35, 112. 
Conference of London (1912) — 60. 
Conference on Weekly Day of Rest 

—54-56. 
Congress on Accidents to Labor and 

Workmen's Insurance — 100. 
Congress on Cultivation of Rice — 

56. 
Congress on Home Work — 61. 
Congress on Unemployment — 53-54. 
Congresses of 
Basel (1869)— 16. 
Berlin (1890)— 28-30, 31-34, 35, 
112. 



(1891) -16. 
Brussels (1856)— 14. 
(1868)— 16. 
(1897)— 36-37. 
Dresden (1871)— 16. 
Frankfort (1857)— 14. 
Frankfurt-on-Main (1882)— 20. 
Geneva (1866)— 15. 

(1873)— 16. 
Industrial Christian Manufactur- 
ers (1879). 
Lausanne (1867)— 15. 
London (1864)— 15. 
(1871)— 16. 
(1896)— 16. 
Lyons (1877)— 18. 
Montlucon (1887)— 25. 
Paris (1883)— 21. 
(1886)— 16, 24. 
(1889)— 16, 27. 
(1900)— 38-41. 
Roubaix (1884)— 21. 
St. Imier (1872)— 16. 
Switzerland (1883)— 21. 
The Hague (1872)— 16. 

(1889)— 27. 
Zurich (1893)— 16. 

(1897)— 16, 35. 
See Delegates' Meetings. 
Constituent Assembly of the Inter- 
national Association for the Legal 
Protection of Labor — See Dele- 
gates' Meetings. 
Constitution of the United States — 

86-87, 93-95. 
Continuous industries — 60, 63. 
Contributory negligence — 85. 
Cotton Gin — 7. 
Crompton — 7. 
Customs Service — 55. 
Day Work. — See Bern Conventions, 

and Workday. 
Delegates' Meetings of the Interna- 
tional Labor Association, 



II 



392 



INDEX (Continued) 



First Meeting (Basel, 1901)— 41- 

42. 
Second Meeting (Cologne, 1902) 

—42-43, 137. 
Committee Meeting (Basel, 1903) 

-43, (45). 
Third Meeting (Basel, 1904) — 

44-46. 
Fourth Meeting (Geneva, 1906) — 

47-52. 
Fifth Meeting (Lucerne, 1908) — 

57-58. 
Sixth Meeting (Lugano, 1910) — • 

58, 59-61, 131-132. 
Seventh Meeting (Zurich, 1912) — 
60, 61-64. 
Diseases, occupational — 60, 80, 82-84, 

89. 
Divers — 60. 

Dock workers — See Merchant serv- 
ice. 
Domestic system — 8. 
Dumas, J. B.— 17. 
Educational requirements — 13, 23, 

32, 154-155. 
Efficiency, doctrine of — 5-7, 
Ely, Richard T.— 87. 
Embroidery— 34, 58, 59, 63, 134. 
Employers' liability— 42, 84-85, 93- 

94. 
Employment bureaus — See Labor 

Bureaus. 
Esche-Hughes Bill— 91-92, 164-165. 
Farnam, Henry W. — 59, 87. 
Federal Council, German — 51, 147. 
Federal Council, Swiss — 
Notes of 1881, 19, 66. 
1887-1889—25-27. 
1890—27. 
1892—34. 
1896—34. 
1904-^. 

1905-1906-117, 118-119, 123. 
1909—125. 
1910—125. 



1911—60-61, 131. 
1913—135. 
1914—135. 
Program of 1889—26. 
Fellow servant doctrine — 84. 
Ferrosilicon — 63. 
Fitch, John— 60. 
Franck, Dr.— 20, 66. 
Franco-Belgian Treaty (1906) — 51, 
146-147. 
(1910)— 147. 
Franco-British Convention concern- 
ing recruitment of native laborers 
in the New Hebrides — 159, note. 
Franco-British Treaty— 151-152. 
Franco-Danish Treaty — 157. 
Franco-Italian Treaty (1904)— 43, 
44, 137-142, 153-154. 
(Jan. 20, 1906)— 146. 
(June 9, 1906)— 51, 148-149. 
(June 15, 1910)— 154-156. 
(Aug. 9, 1910)— 156. 
Franco-Luxemburg Treaty — 51, 149. 
Franco-Swiss Treaty — 165-166. 
Frankel, L. K.— 59. 
Frey, Colonel— 17-18, 19. 
Fur-cutting — 64. 
German-Austro-Hungarian Treaty 

—143-144. 
German-Belgian Treaty — 159-160. 
German Catholic Party — ^21. 
German-Italian Treaty (1904)— 142- 
143. 

(1912)— 160-163. 
German-Luxemburg Treaty — 145- 

146, 150. 
German-Netherlands Treaty (1907) 
—150-151. 
(1914)_151. 

German-Spanish Sailors' Accident 

Agreement — 163-164. 
German-Swedish Treaty — 156-157. 
"Ghent system"— 99. 
Glarus, Commission of — 13-14. 
Glass factories — 63, 133, 154-155. 



393 



INDEX {Continued) 



Gompers, Samuel — 90. 

Greece — 126, 127. 

Hague Conventions — 56-57, 123. 

Hague Tribunal— 74, 106. 

Hahn— 14. 

Hargreaves — 7. 

Hatch, Leonard — 83. 

Hat-making— 64. 

Henrotte — 2)7. 

Holidays, labor— 60, 62, 63. 

Home work— 36, 45, 49, 58, 59, 61, 

63, 101, 102. 
Hotel business — 49, 115. 
Hungarian- Italian Treaty — 152-153. 
Illumination, factory — 79. 
India— 127-128. 
Industrial Relations Commission — 

97. 
Industrial Revolution — 8. 
Industry, national — 5-6, 21. 
Inspection — See Labor Inspection. 
Insurance— 4, 9-10, 22, 32, 44, 45-46, 

51, 59, 60, 62-63, 80, 90, 101, 102, 

139-140, 142. 
Insurance — (See Treaties, and So- 
cial Insurance) 

Accident— 10, 23, 32, 42, 59, 101, 
102, 140, 149, 159. (See Trea- 
ties and National Accident In- 
surance Acts). 

Old Age— 32, 47, 90, 143-144, 161- 
162, 164-165. (See Treaties, 
and Social Insurance). 

Sickness— 10, 32, 47, 63, 90, 144, 
158, 161-162. (See Treaties, and 
Social Insurance). 

Unemployment— 98-99, 140. 
International — See International 

Workingmen's Association. 
International Association for the 

Legal Protection of Labor — See 

International Labor Association. 
International Association on Social 

Insurance— 60, 61, 98, 100. 



International Association on Unem- 
ployment— 60, 61, 88, 98-100. 

American section — 88. 

Other sections— 98-100. 
International congresses — See Con- 
ferences, and Congresses. 
International Employment Bureau — 

See Labor Bureaus. 
International High Commission — 64, 

note. 
International Home Work Congress 
—61. 
International Labor Association — 

37-38, 74, 87-88, 103-104, 105, 109. 

American Section — See Sections. 

Bulletins — See Bulletin. 

Bureau — 40. 

Committee — 40. 

Constitution — 40-41. 

Meetings — See Delegates' Meet- 
ings. 

Office-40, 41, 42, 44. 

Permanent Council of Social Hy- 
giene — 40. 

Sections — See Sections. 

Subventions — 40, 48. 
International Labor Bureau — See 

Labor Bureaus. 
International Labor Law — See Law. 
International Night— 115-116, 120, 

132. 

See Berne Conventions. 
International Workingmen's Asso- 
ciation — 14. 
Interstate Commerce Commission — 

97. 
Iron Works— 63, 133. 
Italian-American Treaty — 164-165. 
Italian child laborers — 42, 141, 154- 

156. 
Italian-German War Arrangement 

—166-168. 
Japan— 12, 127, 131. 
Kallen, H. M.— 107. 
Kay— 7. 



394 



INDEX {Continued) 



King, Hon. W. L. Mackenzie— 59. 
Labor Bureaus — 

Employment bureaus in United 

States— 90. 
International Employment Bu- 

reau- 54, 99. 
International Labor Bureau — 22, 

34, 35, 37-38, 40. 
(See International Labor Asso- 
ciation). 
National Labor Bureaus — 
Austria— 97. 
Belgium — 97. 
Canada — 98. 
Denmark— 98. 
France — 98. 
Germany — 97. 
Great Britain — 97. 
Holland— 98. 
Italy— 97. 

Massachusetts — 96. 
New South Wales— 98. 
New Zealand — 98. 
Norway — 97. 
Ontario— 98. 
Spain— 97. 
Sweden — 97. 
United States— 97. 
Labor congresses — See Congresses. 
Labor inspection — 27, 2)2, 33, 35, 39, 
47, 138. 

In United States— 81, 83-84. 
Laissez faire — 9. 
L'Annuaire de la Legislation dii 

travail — 37. 
Lavoisier — 7. 

Law, International— 3, 4, 105-107. 
Law, Labor— 82-84. 
Law proposition, French (1885) — 

22. 
Law proposition, German (1885) — 

23. 
Lead— 37, 42, 43, 45, 50-51, 52-53, 58, 

60-61, 62, 79-80, 89, 101. 
League of Nations— 106, 107, 109. 



League to Enforce Peace — 106. 
Legislative Drafting Research 

Fund of Columbia University — 89. 
Legrand, Daniel — 12, 
Leroy-Beaulieu — 22. 
Letters rogatory — 150. 
Lighting, factory— 79-80. 
List of industrial poisons — 45, 51, 

58, 61. 
Lohman — 18. 
Loom — 7. 
Luzzatti — 38. 
Luxemburg-Belgian Treaty (1905) 

—51, 144-145. 

(1906)— 144. 
Mahaim — 40. 

Manufacturers — 4, 13, 115. 
Massachusetts Labor Bureau — 96. 
Matches — See Phosphorus, and 

Bern Conventions, and Sample 

phosphorus matches. 
Maybach — ^29. 
Mercantilists — 9. 
Merchant service — 55, 63. 
Mercurial poisoning — 63-64. 
Mexico — 61. 
Millerand— 38. 
Mine fatalities — 79. 
Miners' XVII. International Con- 
gress — 46. 
Minimum wage— 21, 27, 47, 90. 
MinIng-4, 31, 32, 58, 63, 115, 116, 

123-124, 133. 
Moore, J. B. — 57, note. 
Morbidity and mortality — 63, 83. 
Mortality — See morbidity. 
Mothers' pensions — 90. 
Mun, Count Albert de— 21. 
National Accident Insurance Acts — 

51, 147-148. 

See Social Insurance. 
National Labor Bureaus — See Labor 

Bureaus. 
Navy— 55, 106. 



395 



INDEX {Continued) 



Necrosis — See "phossy jaw." 

Neill, Charles P.— 59. 

New Hebrides — 159, note. 

Newspaper employees — 54. 

Night-rest — See International 
Night, and Night-work. 

Night-work— 13, 15, 21, 23, 25, 26, 
39. (See Bern Conventions.) 
Of women — 3, 13, 15, 25, 26, 33, 
42-44, 47, 61, 80, 100, 114-117, 
119-121, 123-128, 136, 138. 
Of young persons — 3, 13, 26, 33, 
45, 49, 58, 80, 101, 127, 132-133, 
136, 138-139. 

Nyssens — 37. 

Occupational diseases — See Diseases. 

Old-Age pensions — See Insurance. 

Oliver Thomas — 82. 

Owen, Robert— 11-12. 

Painting — See Lead. 

Parkinson, I. T.— 89. 

Parliament, French — 21, 22. 

Peace— 52, 77, 102-106, 118, 136. 

Peace Conference at The Hague 
(1907)— 56-57. 

Permanent Committee on Social In- 
surance — See International Asso- 
ciation on Social Insurance. 

Permanent Council of Social Hy- 
giene — See International Labor 
Association. 

Phillippovich — 40. 

Phosphorus, white — 3, 37, 42-44, 51, 
61, 101, 113-114, 118, 121-122, 128- 
131, 164-165. 

See Bern Conventions, and Poi- 
sons, industrial). In United 
States— 91-92, 165. 

"Phossy jaw"— 74-75, 77, 79. 

Physiocrats — 9. 

Poisons, industrial— 37, 42-45, 48, 
50-51, 52-53, 59, 60-61, 62, 63-64, 
89, 92, 101-102. 

See Bern Conventions, and Lead 
and Phosphorus. 



Polygraphia trades~52-53, 58, 59, 

60, 62. See Lead. 
Pope Leo XIIL— 31. 
Portuguese Delegation — 56. 
Post-office employees — 54-55. 
Prize Contest — 45, 52, 53. 
Protection, doctrine of — 6. 
Protective Committees — See Italian 

Child Laborers. 
Quarrying — 4, 63, 123. 
Railroad employees — 55, 60, 63, 165- 

166. 
Refund of insurance premiums — 63, 

161-162. 
Reichstag — ^23. 

Rescripts of William II.— 28-30, 31. 
Rice — 56. 
Roebuck — 7. 
Rounds, R. S.— 107. 
Sailors — 4. 
Sample phosphorus matches — 69, 

130-131. 
Sanction— 51, 74, 96, 101, 102-106, 

109, 120, 122-124. 
Sarrien— 77, 118. 
Scherrer — 40. 
Seager, Henry R. — 87. 
Sections of International Labor As- 
sociation — 41-42, 47. 

Argentina (defunct)— 87. 

Austria — 41. 

Belgium — 41. 

Denmark — 47. 

England — 47. 

Finland— 61. 

France — 41. 

Germany — 41. 

Holland— 41. 

Hungary — 41. 

Italy— 41. 

Norway — 59. 

Spain — 47. 

Sweden — 59. 

Switzerland — 41. 



396 



INDEX {Continued) 



United States-47, 59, 62-63, 87- 
92, 96, 109. 
Shuttle drop box — 7. 
Sickness, cost of — 80. 
Sickness Insurance — See Insurance 
Smith, Adam— 9. 
Social Insurance — (See Insurance). 

In Austria — 144. 

England — 143. 

France — 143. 

Germany— 142-143, 161. 

Hungary— 144. 

Italy— 143. 

United States— 90. 
Socialist Democratic Party — 18, 2^. 
Socialist Labor Party, Christian— 14. 
Socialists— 14, 18, 35. 
"Social Week"— 61. 
Spinner, mule — 7. 
Spinner, roller — 7. 
Spinners — 14. 
Spinning jenny — 7. 
Spitzenbergen Convention — 159. 
Standard Labor Law— 88-89. 
"States rights"— 95. 
Steam engine — 7. 
Stein, Lorenz von — 18, 20. 
Strikes— 5, 20, 28, 32, 77, 118. 
Sumner, Helen — 59. 
Sunday rest — See weekly rest — 13, 

14. 
Sunday work— 13, 80-81. 
Swedish-Danish Sick Funds — 158- 

159. 
Swiss-Italian Treaty — 142. 
Switzerland— 20, 30, 34, 61. 

See Federal Council. 
Telegraph service — 55. 
Telephone service — 55. 
Tentative Agreements o£ Bern — 
See Bern Conventions (tentative). 
Toniolo— 40. 
Trade Unions— 9, 21, 35. 
Treaties — Accident Insurance — 166- 
168. 



Franco-Belgian (1906)— 51, 146- 

147. 
Franco-British (1909)— 151-152. 
Franco-Italian (9 June, 1906) — 

51, 148-149. See Franco-Italian 

Treaty (1904)— 140. 
Franco-Luxemburg (1906) — 51, 

149. 
German-Belgium (1912)— 159-160. 
German-Italian (1912)— 160. 
German-Luxemburg (1905) — 145- 

146, 150. 
German-Netherlands (1907)— 

150-151, 160. 
(1914)_151. 

Hungarian-Italian (1909)— 152- 

153. 
Luxemburg-Belgian (1905)— 51, 
144-145. 

(1906)— 144. 
Treaties, Arbitration— 157-158. 

See Hague Conventions. 
Treaties, Commercial — 

German - Austro - Hungarian 

(1905)— 143-144. 
German-Italian (1904)— 142-143. 
German-Swedish (1911)— 156-157. 
Swiss-Itahan (1904)— 142. 
Treaties, Old-age and Invalidity In- 
surance— 161-162, 165-166. 
Treaties, Workmen's Insurance — 
156-157. 

Franco-Belgian (1906)— 51, 146- 
147. 

(1910)— 147. 
Franco-British (1909)— 151-152. 
Franco-Italian (1904)— 43, 44, 
137-142. 

(9, June, 1906)— 51, 148-149. 
Franco-Luxemburg (1906) — 51, 

149. 
Franco-Swiss (1913)— 165-166. 
German - Austro - Hungarian 

(1905)— 143-144. 
German-Belgian (1912)— 159-160. 



397 



INDEX (Continued) 



German-Italian (1904)— 142-143. 

(1912)— 160-163. 
German-Luxemburg (1905) — 145- 

146, 150. 
German-Netherlands (1907)— 
150-151. 

(1914)— 151. 
German-Swedish (1911)— 156-157. 
Hungarian-Italian (1909)— 152- 

153. 
Luxemburg-Belgian (1905) — 51, 
144-145. 
(1906)— 144. 
Swiss-Italian (1904)— 142. 
Treaty between Italy and the United 

States— 164-165. 
Treaty, Sailors' Accident — 163-164. 
Treaty ; War Arrangement — 166- 

168. 
"Trucking" — 63. 

Unemployment— 23, 53-54, 61, 88, 90. 

See Insurance, unemployment, and 

International Association on 

Unemployment. 

United States— 16, 35, 59, 61, 62-63, 

68, 73, 75, 79-95, 96-97, 164-165. 
Vaillant— 21, 22. 
Ventilation, factory — 80. 
Wages boards — 63. 



Wagner, Adolph — 14. 

War-4, 70, 74, 82, 87, 98, 101-102, 

104-106, 107, 136. 
Watt— 7. 

"Wealth of Nations"— 9. 
Weaving — 7, 116. 
Weber, Adna F.— 87. 
Weekly rest— 13, 14, 22, 24, 25, 26, 

27, 31, 32, 33, 35, 54-56, 100, 102. 
Weyl, Theodore— 82. 
Whitney— 7. 

William II. of Germany — ^28, 31. 
Willoughby, William F.— 87. 
Wisconsin Commission Plan — 90. 
Wolowski, Louis — 17. 
Woman's work — 22, 23, 24,31, 32, 

33, 35, 47, 58, 59, 62, 100-101, 114- 

117, 133-136, 138-139. 

See night-work, and Bern Con- 
ventions. 
Wool-combing — 116, 125. 
Woolf, S. W.— 103. 
Workday, length of— 21, 22, 23, 24, 

26, 27, 32, 35, 39, 47, 49-50, 58, 59, 

62, 72, 100-101, 102, 138-139. 

See Bern Convention (tentative) 
on day-work. 
Workmen's Compensation Laws — 

80, 90, 91, 94-95. 



398 



I 



SUPPLEMENT 

The International Labor Organization 
of the League of Nations 



LABOR 

in the 

PEACE TREATY 



Complete Official Text of Part XIII. of the Treaty of Peace With 
Germany and the Covenant of the League of Nations, Laying 
Down General Principles of Labor Protection, Establishing a Per- 
manent International Organization for Promoting World-Wide 
Adoption of Protective Standards, and Arranging for the First 
Official Annual International Labor Conference at Washington, 
in October^ 1919. 



PART XIII. 

Labor 

SECTION L 

Organization of Labor. 

Whereas the League of Nations has for its object the establish- 
ment of universal peace, and such a peace can be established only 
if it is based upon social justice; 

And whereas conditions of labor exist involving such injustice, 
hardship and privation to large numbers of people as to produce 
unrest so great that the peace and harmony of the world are im- 
perilled; and an improvement of those conditions is urgently re- 
quired; as, for example, by the regulation of the hours of work, in- 
cluding the establishment of a maximum working day and week, the 
regulation of the labor supply, the prevention of unemployment, the 
provision of an adequate living wage, the protection of the worker 
against sickness, disease and injury arising out of his employment, 
the protection of children, young persons and women, provision for 
old age and injury, protection of the interests of workers when em- 
ployed in countries other than their own, recognition of the prin- 
ciple of freedom of association, the organization of vocational and 
technical education and other measures; 

4011 



THE INTERNATIONAL PROTECTION OF LABOR 

Whereas also the failure of any nation to adopt humane condi- 
tions of labor is an obstacle in the way of other nations which desire 
to improve the conditions in their own countries; 

The High Contracting Parties, moved by sentiments of justice 
and humanity as well as by the desire to secure the permanent peace 
of the world, agree to the following: 

CHAPTER I. 
Organization. 

Article 387. 

A permanent organization is hereby established for the promotion 
of the objects set forth in the Preamble. 

The original Members of the League of Nations shall be the orig- 
inal Members of this organization, and hereafter membership of the 
League of Nations shall carry with it membership of the said organ- 
ization. 

Article 388. 
The permanent organization shall consist of: 

(1) A General Conference of Representatives of the Members, 
and, 

(2) An International Labor Office controlled by the Governing 
Body described in Article 393. 

Article 389. 

The meetings of the General Conference of Representatives of 
the Members shall be held from time to time as occasion may require, 
and at least once in every year. It shall be composed of four Repre- 
sentatves of each of the Members of whom two shall be Govern- 
ment Delegates and the two others shall be Delegates representing 
respectively the employers and the workpeople of each of the 
Members.. 

Each Delegate may be accompanied by advisers, who shall not 
exceed two in number for each item on the agenda of the meeting. 
When questions specially affecting women are to be considered by 
the Conference, at least one of the advisers should be a woman. 

The Members undertake to nominate non-Government Delegates 
and advisers chosen in agreement w^th the industrial organizations, 
if such organizations exist, which are most representative of em- 
ployers or workpeople, as the case may be, in their respective coun- 
tries. 

Advisers shall not speak except on a request made by the Dele- 
gate whom they accompany and by the special authorization of the 
President of the Conference, and may not vote. 

A^ Delegate may by notice in writing addressed to the President 
appoint one of his advisers to act as his deputy, and the adviser, 
while so acting, shall be allowed to speak and vote. 

The names of the Delegates and their advisers will be commu- 
nicated to the International Labor Office by the Government of each 
of the Members. 

The credentials of Delegates and their advisers shall be subject 
to scrutiny by the Conference, which may, by two-thirds of the votes 
cast by the Delegates present, refuse to admit any Delegate or ad- 
viser whom it deems not to have been nominated in accordance with 
this Article. 

402 



INTERNATIONAL LABOR ORGANIZATION 

Article 390. 
>ery Delegate shall be 
ters 



ARTICLE 390. 

Every Delegate shall be entitled to vote individually on all mat- 
s which are taken into consideration by the Conference. 



mem 



If one of the Members fails to nominate one of the non-Govern- 
...ont Delegates whom it is entitled to nominate, the other non-Gov- 
ernment Delegate shall be allowed to sit and speak at the Conference. 
but not to vote. 

If in accordance with Article 389 the Conference refuses admis- 
sion to a Delegate of one of the Members, the provisions of the 
present Article shall apply as if that Delegate had not been nom- 
inated. 

Article 391. 
The meetings of the Conference shall be held at the seat of the 
League of Nations, or at such other place as may be decided by the 
Conference at a previous meeting by two-thirds of the votes cast by 
the Delegates present. 

Article 392. 
The International Labor Office shall be established at the seat 
of the League of Nations as part of the organization of the League. 

Article 393. 

The^ International Labor Office shall be under the control of a 
Governing Body consisting of t\venty-four persons, appointed in ac- 
cordance with the following provisions: 

The Governing Body of the International Labor Office shall be 
constituted as follows: 

Twelve persons representing the Governments; 

Six persons elected by the Delegates to the Conference repre- 
senting the employers; 

Six persons elected by the Delegates to the Conference repre- 
senting the workers. 

Of the twelve persons representing the Governments eight shall 
be nominated by the Members which are of the chief industrial im- 
portance, and four shall be nominated bj'- the Members selected for 
the purpose by the Government Delegates to the Conference, exclud- 
ing the Delegates of the eight Members mentioned above. 

Any question as to which are the Members of the chief industrial 
importance shall be decided by the Council of the League of Nations. 

The period of office of the Members of the Governing Body 
v/ill be three years. The method of filling vacancies and other similar 
questions may be determined by the Governing Body subject to the 
approval of the Conference. 

The Governing Body shall, from time to time, elect one of its 
members to act as its Chairman, shall regulate its own procedure and 
shall fix its own times of meeting.^ A special meeting shall be held 
if a written request to that effect is made by at least ten members 
of the Governing Body. 

Article 394. 
There shall be a Director of the International Labor OfHce, who 
shall be appointed by the Governing Body, and, subject to the instruc- 
tions of the Governing Body, shall be responsible for the efficient 
conduct of the International Labor Office and for such other duties 
as may be assigned to him. 

403 



THE INTERNATIONAL PROTECTION OF LABOI^ 

The Director or his deputy shall attend all meetings of the Gov- 
erning Body. 

Article 395. 

The staff of the International Labor Office shall be appointed 
by the Director, who shall, so far as is possible with due regard to 
the efficiency of the work of the Office, select persons of different 
nationalities. A certain number of these persons shall be women. 

Article 396. 

The functions of the International Labor Office shall include the 
collection and distribution of information on all subjects relating 
to the international adjustment of conditions of industrial life and 
labor, and particularly the examination of subjects which it is pro- 
posed to bring before the Conference with a view to the conclusion 
of international conventions, and the conduct of such special investi- 
gations as may be ordered by the Conference. 

It will prepare the agenda for the meetings of the Conference. 

It will carry out the duties required of it by the provisions of this 
Part of the present Treaty in connection with international disputes. 

It will edit and publish in French and English, and in such other 
languages as the Governing Body may think desirable, a periodical 
paper dealing with problems of industry and employment of inter- 
national interest. 

Generally, In addition to the functions set out in this Article, It 
shall have such other powers and duties as may be assigned to it by 
the Conference. 

Article 397. 

The Government Departments of any of the Members which deal 
with questions of industry and employment may communicate directly 
v/ith the Director through the Representative of their Government 
on the Governing Body of the International Labor Office, or failing 
any such Representative, through such other qualified official as the 
Government may nominate for the purpose. 

Article 398. 
The International Labor Office shall be entitled to the assistance 
of the Secretary-General of the League of Nations in any matter in 
which it can be given. 

Article 399. 
Each of the Members will pay the travelling and subsistence ex- 
penses of its Delegates and their advisers and of its Representatives 
attending the meetings of the Conference or Governing Body, as the 
case may be. 

All the other expenses of the International Labor Office and of 
the meetings of the Conference or Governing Body shall be paid to 
the Director by the Secretary-General of the League of Nations out 
of the general funds of the League. 

The Director shall be responsible to the Secretary-General of the 
League for the proper expenditure of all moneys paid to him in pur- 
suance of this Article. ' 

404 



INTERNATIONAL LABOR ORGANIZATION 
CHAPTER II. 

Procedure. 

Article 400. 
The agenda for all meetings of the Conference will be settled by 
the Governing Body, who shall consider any suggestion as to the 
agenda that may be made by the Government of any of the Members 
or by any representative organisation recognized for the purpose of 
Article 389. 

Article 401. 
The Director shall act as the Secretary of the Conference, and 
shall transmit the agenda so as to reach the Members four months 
before the meeting of the Conference, and, through them, the non- 
Government Delegates when appointed. 

Article 402. 

Any of the Governments of the Members may formally object 
to the inclusion of any item or items in the agenda. The grounds 
for such objection shall be set forth in a reasoned statement ad- 
dressed to the Director, who shall circulate it to all the Members of 
the Permanent Organisation. 

Items to which such objection has been made shall not, however, 
be excluded from the agenda, if at the Conference a majority of 
two-thirds of the votes cast by the Delegates present is in favour of 
considering them. 

If the Conference decides (otherwise than under the preceding 
paragraph) by two-thirds of the votes cast by the Delegates present 
that any subject shall be considered by the Conference, that subject 
shall be included in the agenda for the following meeting. 

Article 403. 

The Conference shall regulate its own procedure, shall elect its 
own President, and may appoint committees to consider and report 
on any matter. 

Except as otherwise expressly provided in this Part of the present 
Treaty, all matters shall be decided by a simple majority of the votes 
cast by the Delegates present. 

The voting is void unless the total number of votes cast Is equal 
to half the number of the Delegates attending the Conference. 

Article 404. 
The Conference may add to any committees which it appoints 
technical experts, who shall be assessors without power to vote. 

Article 405. 
When the Conference has decided on the adoption of proposals 
with regard to an item in the agenda, it will rest with the Conference 
to determine whether these proposals should take the form (a) of a 
recommendation to be submitted to the Members for consideration 
with a view to effect being given to it by national legislation or other- 
wise, or (b) of a draft international convention for ratification by 
the Members. 

405 



THE INTERNATIONAL PROTECTION OF LABOR 

In either case a majority of two-thirds of the votes cast by the 
Delegates present shall be necessary on the final vote for the adop- 
tion of the recommendation or draft convention, as the case may be, 
by the Conference. 

In framing any recommendation or draft convention of general 
application the Conference shall have due regard to those countries 
in which climatic conditions, the imperfect development of industrial 
organisation or other special circumstances makes the industrial con- 
ditions substantially different and shall suggest the modifications, if 
any, which it considers may be required to meet the case of such 
countries. 

A copy of the recommendation or draft convention shall be au- 
thenticated by the signature of the President of the Conference and 
of the Director and shall be deposited with the Secretary-General 
of the League of Nations. The Secretary-General will communicate 
a certified copy of the recommendation or draft convention to each 
of the Members. 

Each of the Members undertakes that It will, within the period 
of one year at most from the closing of the session of the Confer- 
ence, or if it is impossible owing to exceptional circumstances to do 
so within the period of one year, then at the earliest practicable 
moment and in no case later than eighteen months from the closing 
of the session of the Conference, bring the recommendation or draft 
convention before the authority or authorities within whose compe- 
tence the matter lies, for the enactment of legislation or other action. 

In the case of a recommendation, the Members will Inform the 
Secretary-General of the action taken. 

In the case of a draft convention, the Member will, If It obtains 
the consent of the authority or authorities within whose competence 
the matter lies, communicate the formal ratification of the conven- 
tion to the Secretary-General and will take such action as may be 
necessary to make effective the provisions of such convention. 

If on a recommendation no legislative or other action Is taken to 
make a recommendation effective, or if the draft convention fails 
to obtain the consent of the authority or authorities within whose 
competence the matter lies, no further obligation shall rest upon the 
Member. 

In the case of a federal State, the power of which to enter into 
conventions on labor matters is subject to limitations, it shall be in 
the discretion of that Government to treat a draft convention to 
which such limitations^ apply as a recommendation only, and the 
provisions of this Article with respect to recommendations shall 
apply in such case. 

The above Article shall be Interpreted in accordance with the 
following principle: 

In no case shall any Member be asked or required, as a result of 
the adoption of any recommendation or draft convention by the Con^ 
ference, to lessen the protection afforded by its existing legislation 
to the workers concerned. 

Article 406. 

Any convention so ratified shall be registered by the Secretary- 
General of the League of Nations, but shall only be binding upon 
the Members which ratify it. 

406 



INTERNATIONAL LABOR ORGANIZATION 

Article 407. 

If any convention coming before the Conference for final con- 
sideration fails to secure the support of two-thirds of the votes cast 
by the Delegates present, it shall nevertheless be within the right of 
any of the Members of the Permanent Organisation to agree to such 
convention among themselves. 

Any convention so agreed to shall be communicated by the Gov- 
ernments concerned to the Secretary-General of the League of Na- 
tions, who shall register it. 

Article 408. 
Each of the Members agrees to make an annual report to the 
International Labor Office on the measures which it has taken to 
give effect to the provisions of conventions to which it is a party. 
These reports shall be made in such form and shall contain such 
particulars as the Governing Body may request. The Director shall 
lay a summary of these reports before the next meeting of the Con- 
ference. 

Article 409. 
In the event of any representation being made to the Inter- 
national Labor Office by an industrial association of employers or 
of workers that any of the Members has failed to secure in any 
respect the effective observance within its jurisdiction of any con- 
vention to which it is a party, the Governing Body may communi- 
cate this representation to the Government against which it is made 
and may invite that Government to make such statement on the sub- 
ject as it may think fit. 

Article 410. 

If no statement is received within a reasonable time from the 
Government in question, or if the statement when received is not 
deemed to be satisfactory by the Governing Body, the latter shall 
have the right to publish the representation and the statement, if 
any, made in reply to it. 

Article 411. 

Any of the Members shall have the right to file a complaint with 
the International Labor Office if it is not satisfied that any other 
Member is securing the effective observance of any convention which 
both have ratified in accordance with the foregoing Articles. 

The Governing Body may, if it thinks fit, before referring such 
a complaint to a Commission of Enquiry, as hereinafter provided 
for, communicate with the Government in question in the manner 
described in Article 409. 

If the Governing Body does not think It necessary to communi- 
cate the complaint to the Government in question, or if, when they 
have made such communication, no statement in reply has been re- 
ceived within a reasonable time which the Governing Body considers 
to be satisfactory, the Governing Body may apply for the appointment 
of a Commission of Enquiry to consider the complaint and to report 
thereon. 

The Governing Body may adopt the same procedure either of its 
own motion or on receipt of a complaint from a Delegate to the 
Conference. 

407 



THE INTERNATIONAL PROTECTION OF LABOR 

When any matter arising out of Articles 410 or 411 is being con- 
sidered by the Governing Body, the Government in question shall, 
if not already represented thereon, be entitled to send a representa- 
tive to take part in the proceedings of the Governing Body while the 
matter is under consideration. Adequate notice of the date on which 
the matter will be considered shall be given to the Government in 
question. 

Article 412. 

The Commission of Enquiry shall be constituted in accordance 
with the following provisions: 

Each of the Members agrees to nominate within six months of 
the date on which the present Treaty conies into force three persons 
of industrial experience, of whom one shall be a representative of 
employers, one a representative of workers, and one a person of 
independent standing, who shall together form a panel from which 
the Members of the Commission of Enquiry shall be drawn. 

The qualifications of the persons so nominated shall be subject to 
scrutiny by the Governing Body, which may by two-thirds of the 
votes cast by the representatives present refuse to accept the nomi- 
nation of any person whose qualifications do not in its opinion comply 
with the requirements of the present Article. 

Upon the application of the Governing Body, the Secretary-Gen- 
eral of the League of Nations shall nominate three persons, one 
from each section of this panel, to constitute the Commission of 
Enquiry, and shall designate one of them as the President of the 
Commission. None of these three persons shall be a person nomi- 
nated to the panel by any Member directly concerned in the com- 
plaint. 

Article 413. 
The Members agree that, in the event of the reference of a com- 
plaint to a Commission of Enquiry under Article 411, they will each, 
whether directly concerned in the complaint or not, place at the dis- 
posal of the Commission all the information in their possession which 
bears upon the subject-matter of the complaint. 

Article 414. 

When the Commission of Enquiry has fully considered the com- 
plaint, it shall prepare a report embodying its findings on all questions 
of fact relevant to determining the issue between the parties and 
containing such recommendations as it may think proper as to the 
steps which should be taken to meet the complaint and the time 
within which they should be taken. 

It shall also indicate In this report the measures, if any,^ of an 
economic character against a defaulting Government which it con- 
siders to be appropriate, and which it considers other Governments 
would be justified in adopting. 

Article 415. 

The Secretary-General of the League of Nations shall communi- 
cate the report of the Commission of Enquiry to each of the Govern- 
ments concerned in the complaint, and shall cause it to be published. 

Each of these Governments shall within one month inform the 
Secretary-General of the League of Nations whether or not it ac- 
cepts the recommendations contained in the report of the Commis- 

408 



INTERNATIONAL LABOR ORGANIZATION 

sion; and if not, whether it proposes to refer the complaint to the 
Permanent Court of International Justice of the League of Nations. 

Article 416. 
In the event of any Member failing to take the action required 
by Article 405, with regard to a recommendation or draft Conven- 
tion, any other Member shall be entitled to refer the matter to the 
Permanent Court of International Justice. 

Article 417. 
The decision of the Permanent Court of International Justice in 
regard to a complaint or matter which has been referred to it in pur- 
suance of Article 415 or Article 416 shall be final. 

Article 418. 
The Permanent Court of International Justice may affirm, vary 
or reverse any of the findings or recommendations of the Commis- 
sion of Enquiry, if any, and shall in its decision indicate the meas- 
ures, if any, of an economic character which it considers to be appro- 
priate, and which other Governments would be justified in adopting 
against a defaulting Government. 

Article 419. 
In the event of any Member failing lo carry out within the time 
specified the recommendations, if any, contained in the report of the 
Commission of Enquiry, or in the decision of the Permanent Court 
of International Justice, as the case may be, any other Member may 
take against that Member the measures of an economic character 
indicated in the report of the Commission or in the decision of the 
Court as appropriate to the case. 

Article 420. 
The defaulting Government may at any time inform the Govern- 
ing Body that it has taken the steps necessary to comply with the 
recommendations of the Commission of Enquiry or with those in the 
decision of the Permanent Court of International Justice, as the 
case may be, and may request it to apply to the Secretary-General 
of the League to constitute a Commission of Enquiry to verify its 
contention. In this case the provisions of Articles 412, 413, 414, 
415, 417 and 418 shall apply, and if the report of the Commission 
of Enquiry or the decision of the Permanent Court of International 
Justice is in favour of the defaulting Government, the other Govern- 
ments shall forthwith discontinue the measures of an economic char- 
acter that they have taken against the defaulting Government. 

CHAPTER III. 

General. 

Article 421. 

The Members engage to apply conventions which they have rati- 
fied in accordance with the provisions of this Part of the present 
Treaty to their colonies, protectorates and possessions which are not 
fully self-governing. 

(1) Except where owing to the local conditions the convention 
is inapplicable, or 

409 



THE INTERNATIONAL PROTECTION OF LABOR 

(2) Subject to such modifications as may be necessary to adapt 
the convention to local conditions. 

And each oi the Members shall notify to the International Labor 
Office the action taken in respect of each of its colonies, protectorates 
and possessions which are not fully self-governing. 

Article 422. 

Amendments to this Part of the present Treaty w^hich are adopted 
by the Conference by a majority of two-thirds of the votes cast by 
the Delegates present shall take effect when ratified by the States 
whose representatives compose the Council of the League of Nations 
and by three-fourths of the Members. 

Article 423. 

Any questions or dispute relating to the interpretation of this 
Part of the present Treaty or of any subsequent convention concluded 
by the Members in pursuance of the provisions of this Part of the 
present Treaty shall be referred for decision to the Permanent Court 
of International Justice. 



CHAPTER IV. 
Transitory Provisions. 

Article 424. 

The first meeting of the Conference shall take place in October, 
1919. The place and agenda for this meeting shall be as specified 
in the Annex hereto. 

Arrangements for the convening and the organisation of the first 
meeting of the Conference will be made by the Government desig- 
nated for the purpose in the said Annex, That Government shall be 
assisted in the preparation of the documents for submission to the 
Conference by an International Committee constituted as provided 
in the said Annex. 

The expenses of the first meeting and of all subsequent meetings 
held before the League of Nations has been able to establish a gen- 
eral fund, other than the expenses of Delegates and their advisers, 
will be borne by the Members in accordance with the apportionment 
of the expenses of the International Bureau of the Universal Postal 
Union. 

Article 425. 
Until the League of Nations has been constituted all communica- 
tions which under the provisions of the foregoing Articles should be 
addressed to the Secretary-General of the League will be preserved 
by the Director of the International Labor Office, who will transmit 
them to the Secretary-General of the League. 

Article 426. 
Pending the creation of a Permanent Court of International Jus- 
tice disputes which in accordance with this Part of the Present 
Treaty would be submitted to it for decision will be referred to a 
tribunal of three persons appointed by the Council of the League of 
Nations. 

410 



INTERNATIONAL LABOR ORGANIZATION 

ANNEX. 

First Meeting of Annual Labor Conference, 1919. 

The place of meeting will be Washington, 

The Government of the United States of America is requested 
to convene the Conference. 

The International Organising Committee will consist of seven 
Members, appointed by the United States of America, Great Britain, 
France, Italy, Japan, Belgium and Switzerland. The Committee may, 
if it thinks necessary, invite other Members to appoint representatives. 

Agenda: 

(1) Application of principle of the 8-hours day or of the 48-hours 
week. 

(2) Question of preventing or providing against unemployment. 

(3) Women's employment: 

(a) Before and after child-birth, including the question 

of maternity benefit; 

(b) During the night; 

(c) In unhealthy processes. 

(4) Employment of children: 

(a) Minimum age of employment; 

(b) During the night; 

(c) In unhealthy processes. 

(5) Extension and application of the International Conventions 
adopted at Berne in 1906 on the prohibition of night work for womer 
employed In industry and the prohibition of the use of white phos- 
phorus in the manufacture of matches. 

SECTION II. 

General Principles. 

Article 427. 

The High Contracting Parties, recognising that the well-being, 
physical, moral and intellectual, of industrial wage-earners is of su- 
preme international importance, have framed, in order to further this 
great end, the permanent machinery provided for in Section I and 
associated with that of the League of Nations. 

They recognise that differences of climate, habits and customs, 
of economic opportunity and industrial tradition, make strict uni- 
formity in the conditions of labor difficult of immediate attainment. 
But holding as they do, that labor should not be regarded merely as 
an article of commerce, they think that there are methods and prin- 
ciples for regulating labor conditions which all industrial communi- 
ties should endeavour to apply,, so far as their special circumstances 
will permit. 

Among these methods and principles, the following seem to the 
High Contracting Parties to be of special and urgent importance: 

First. — ^The guiding principle above enunciated that labor should 

not be regarded merely as a commodity or article of commerce. 
Second. — The right of association for all lawful purposes by the 

employed as well as by the employers. 
Third. — The payment to the employed of a wage adequate to 

maintain a reasonable standard of life as this is understood in 

their time and country. 

411 



THE INTERNATIONAL PROTECTION OF LABOR 

Fourth.— The adoption of an eight-hours day or a forty-eight-hours 
week as the standard to be aimed at where it has not already 
been attained. 

Fifth. — The adoption of a weekly rest of at least twenty-four 
hours, which should include Sunday wherever practicable. 

Sixth. — The abolition of child labor and the imposition of such 
limitations on the labor of young persons as shall permit the 
continuation of their education and assure their proper physical 
development. 

Seventh. — The principle that men and women should receive equal 
^ remuneration for work of equal value. 

Eighth. — The standard set by law in each country with respect 
to the conditions of labor should have due regard to the equit- 
able economic treatment of all workers lawfully resident therein. 

Ninth. — Each State should make provision for a system of in- 
spection in which women should take part, in order to insure 
the enforcement of the laws and regulations for the protection 
of the employed. 

Without claiming that these methods and principles are either 
complete or final, the High Contracting Parties are of opinion that 
they are well fitted to guide the policy of the League of Nations; and 
that, if adopted by the industrial communities who are members of 
the League, and safeguarded in practice by an adequate system of 
such inspection, they will confer lasting benefits upon the wage- 
earners of the world. 



Draft Conventions and Recommendations 
Adopted by 

THE INTERNATIONAL LABOR CONFERENCE 
OF THE LEAGUE OF NATIONS 

Washington, D. C, October 29-November 29, 1919. 

Draft Convention Limiting the Hours of Work in Industrial Under- 
takings to Eight in the Day and Forty-eight in the Week. 
The General Conference of the International Labor Organization 
of the League of Nations, 

Having been convened at Washington by the Government of 
the United States of America, on the 29th day of October, 1919, and 
Having decided upon the adoption of certain proposals with 
regard to the "application of principle of the 8-hours day or the 
48-hours week," which is the first item in the agenda for the 
Washington meeting of the Conference, and 

Having determined that these proposals shall take the form of a 
draft international convention, 

Adopts the following Draft Convention for ratification by the 
Members of the International Labor Organisation, in accordance 
with the Labor Part of the Treaty of Versailles of 28 June, 1919, 
and of the Treaty of St. Germain of 10 September, 1919; 

Article 1. 
For the purpose of this Convention, the term "industrial undertake 

412 



INTERNATIONAL LABOR ORGANIZATION . 

(a) Mines, quarries, and other works for the extraction of min- 
erals from the earth, 

(b) Industries in which articles are manufactured, altered, cleaned, 
repaired, ornamented, finished, adapted for sale, broken up or demol- 
ished, or in which materials are transformed; including shipbuilding 
and the generation, transformation, and transmission of electricity 
or motive power of any kind. 

(c) Construction, reconstruction, maintenance, repair, alteration, 
or demolition of any building, railway, tramway, harbor, dock, pier, 
canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, 
well, telegraphic or telephonic installation, electrical undertaking, 
gas work, waterwork or other work of construction, as well as the 
preparation for or laying the foundations of any such work or struc- 
ture. 

(d) Transport of passengers, or goods, by road, rail, sea or inland 
waterway, including the handling of goods at docks, quays, wharves 
or warehouses, but excluding transport by hand. 

The provisions relative to transport by sea and on inland water- 
ways shall be determined by a special conference dealing with em- 
ployment at sea and on inland waterways. 

The competent authority in each country shall define the line o£ 
division which separates industry from commerce and agriculture. 

Article 2. 
The working hours of persons employed in any public or private 
industrial undertaking or in any branch thereof, other than an under- 
taking in which only members of the same family are employed, shall 
not exceed eight (8) in the day and forty-eight (48) in the week, with 
the exceptions hereinafter provided for. 

(a) The provisions of this Convention shall not apply to persons 
holding positions of supervision or management nor to persons em- 
ployed in a confidential capacity. 

(b) Where by law, custom, or agreement between employers' and 
workers* organizations, or where no such organizations exist betv/een 
employers' and workers' representatives, the hours of work on one 
or more days of the week are less than eight (8), the limit of eight 
(8) hours may be exceeded on the remaining days of the week by the 
sanction of the competent public authority, or by agreement between 
such organizations or representatives; provided, however, that in no ■ 
case under the provisions of this paragraph shall the daily limit of 
eight (8) hours be exceeded by more than one hour, 

(c) Where persons are employed in shifts it shall be permissible 
to employ persons in excess of eight (8) hours in any one day and 
forty-eight (48) hours in any one week, if the average number of 
hours over a period of three weeks or less does not exceed eight (8) 
per day and forty-eight (48) per week. 

Article 3. 
The limit of hours of work prescribed in Article 2 may Ke ex- 
ceeded in case of accident, actual or threatened, or in case of urgent 
work to be done to machinery or plant, or in case of "force majeure," 
but only so far as may be necessary to avoid serious interference 
with the ordinary working of the undertaking. 

Article 4. 
The limit of hours of work prescribed in Article 2 may also be ex- 
ceeded in those processes which are required by reason of the nature 

413 



THE INTERNATIONAL PROTECTION OF LABOR 

of the process to be carried on continuously by a succession of shifts, 
subject to the condition that the working hours shall not exceed 
fifty-six in the week on the average. Such regulation of the hours of 
work shall In no case afifect any rest days which may be secured by 
the national law to the workers in such processes in compensation for 
the weekly rest day. 

Article 5. 
In exceptional cases where it is recognized that the provisions 
of Article 2 can not be applied, but only in such cases, agreements 
between workers' and employers' organizations concerning the daily 
limit of work over a longer period of time, may be given the force 
of regulations, if the Government, to which these agreements shall 
be submitted, so decides. The average number of hours worked per 
week, over the number of weeks covered by any such agreement, 
shall not exceed forty-eight. 

Article 6. 
Regulations made by public authority shall determine for industrial 
undertakings: 

(a) The permanent exceptions that may be allowed In preparatory 
or complementary work which must necessarily be carried on outside 
the limits laid down for the general working of an establishment, or 
for certain classes of workers whose work is essentially intermittent. 

(b) The temporary exceptions that may be allowed, so that estab- 
lishments may deal with exceptional cases of pressure of work. 

These regulations shall be made only after consultation with the 
organizations of employers and workers concerned, if any such or- 
ganizations exist. These regulations shall fix the maximum of addi- 
tional hours In each instance, and the rate of pay for overtime shall 
not be less than one and one-quarter times the regular rate. 

Article 7. 
Each Government shall communicate to the International Labor 
Office: 

(a) A list of the processes which are classed as being necessarily 
continuous in character under Article 4; 

(b) Full information as to working of the agreements mentioned 
in Article 5, and 

(c) Full information concerning the regulations made under Ar- 
ticle 6 and their application. 

The International Labor Office shall make an annual report thereon 
to the General Conference of the International Labor Organization. 

Article 8. 

In order to facilitate the enforcement of the provisions of this 
Convention, every employer shall be required: 

(a) To notify by means of the posting of notices in conspicuous 
places in the works or other suitable place, or by such other method 
as may be approved by the Government, the hours at which work 
begins and ends, and where work Is carried on by shifts the hours 
at which each shift begins and ends. These hours shall be so fixed 
that the duration of the work shall not exceed the limits prescribed 
by this Convention, and when so notified they shall not be changed 
except with such notice and in such manner as may be approved by 
the Government. 

414 



INTERNATIONAL LABOR ORGANIZATION 

(b) To notify in the same way such rest intervals accorded during 
the period of work as are not reckoned as part of the working hours. 

(c) To keep a record in the form prescribed by law or regulation 
in each country of all additional hours worked in pursuance of Articles 
3 and 6 of this Convention. 

It shall be made an offense against the law to employ any person 
outside the hours fixed in accordance with paragraph (a), or during 
the intervals fixed in accordance with paragraph (b). 

Article 9. 
In the application of this Convention to Japan the following 
modifications and conditions shall obtain: 

(a) The term "industrial undertaking" includes particularly — 

The undertakings enumerated in paragraph (a) of Article 1; 

The undertakings enumerated in paragraph (b) of Article 1, 
provided there are at least ten workers employed; 

The undertakings enumerated in paragraph (c) of Article 1, 
in so far as these undertakings shall be defined as "fac- 
tories" by the competent authority; 

The undertakings enumerated in paragraph (d) of Article 1, 
except transport of passengers or goods by road, handling 
of goods at docks, quays, wharves, and warehouses, and 
transport by hand, and, 

Regardless of the number of persons employed, such of 
the undertakings enumerated in paragraphs (b) and (c) 
of Article 1 as may be declared by the competent author- 
ity either to be highly dangerous or to involve unhealthy 
processes. 

(b) The actual working hours of persons of fifteen years of age 
or over in any public or private industrial undertaking, or in any 
branch thereof, shall not exceed fifty-seven in the week, except that 
in the raw-silk industry the limit may be sixty hours in the week. 

(c) The actual working hours of persons under fifteen years of 
age in any public or private industrial undertaking, or in any branch 
thereof, and of all miners of whatever age engaged in underground 
work in the mines, shall in no case exceed forty-eight in the week. 

(d) The_ limit of hours of work may be modified under the con- 
ditions provided for in Articles 2, 3, 4 and 5 of this Convention, but 
in no case shall the length of such modification bear to the length 
of the basic week a proportion greater than that which obtains in 
those Articles. 

(e) A weekly rest period of twenty-four consecutive hours shall 
be allowed to all classes of workers. 

(f) The provision in Japanese factory legislation limiting its 
application to places employing fifteen or more persons shall be 
amended so that such legislation shall apply to places employing 
ten or more persons. 

(g) The provisions of the above paragraphs of this Article 
shall be brought into operation not later than 1 July, 1922, except 
that the provisions of Article 4 as modified by paragraph (d) of this 
Article shall be brought into operation not later than 1 July, 1923. 

(h) The age of fifteen prescribed in paragraph (c) of this Article 
shall be raised, not later than 1 July, 1925, to sixteen. 

Article 10. 
In British India the principle of a sixty-hour week shall be adopted 
for all workers in the industries at present covered by the factory acts 

415 



THE INTERNATIONAL PROTECTION OF LABOR 

administered by the Government of India, in mines, and in such 
branches of railway work as shall be specified for this purpose by the 
competent authority. Any modification of this limitation made by the 
competent authority shall be subject to the provisions of Articles 6 
and 7 of this Convention. In other respects the provisions of this 
Convention shall not apply to India, but further provisions limiting 
the hours of work in India shall be considered at a future meeting of 
the General Conference. 

Article 11. 

The provisions of this Convention shall not apply to China, Persia, 
and Siam, but provisions limiting the hours of work in these countries 
shall be considered at a future meeting of the General Conference. 

Article 12. 
In the application of this Convention to Greece, the date at which 
its provisions shall be brought into operation in accordance with Ar- 
ticle 19 may be extended to not later than 1 July, 1923, in the case 
of the following industrial undertakings: 

(1) Carbon-bisulphide works, 

(2) Acids works, 

(3) Tanneries, 

(4) Paper mills, 

(5) Printing works, 

(6) Sawmills, 

(7) Warehouses for the handling and preparation of tobacco, 

(8) Surface mining, 

(9) Foundries, 

(10) Lime works, 

(11) Dye works, 

(12) Glassworks (blowers), 

(13) Gas works (firemen), 

(14) Loading and unloading merchandise; 

and to not later than 1 July, 1924, in the case of the following industrial 
undertakings: 

(1) Mechanical industries: Machine shops for engines, safes, 
scales, beds, tacks, shells (sporting), iron foundries, bronze foundries, 
tin shops, plating shops, manufactories of hydraulic apparatus; 

(2) Constructional Industries: Lime-kilns, cement works, plaster- 
ers' shops, tile yards, manufactories of bricks and pavements, potteries, 
marble yards, excavating and building work; 

(3) Textile industries: Spinning and weaving mills of all kinds, 
except dye works; 

(4) Food industries: Flour and grist-mills, bakeries, macaroni fac- 
tories, manufactories of wines, alcohol, and drinks, oil works, brew- 
eries, manufactories of ice and carbonated drinks, manufactories of 
confectioners' products and chocolate, manufactories of sausages and 
preserves, slaughterhouses, and butcher shops; 

(5) Chemical industries: Manufactories of synthetic colors, glass- 
works (except the blowers), manufactories of essence of turpentine 
and tartar, manufactories • of oxygen and pharmaceutical products, 
manufactories of flaxseed oil, manufactories of glycerine, manufac- 
tories of calcium carbide, gas works (except the firemen); 

(6) Leather industries: Shoe factories, manufactories of leather 
goods; 

416 



INTERNATIONAL LABOR ORGANIZATION 

(7) Paper and printing industries: Manufactories of envelopes, 
record books, boxes, bags, bookbinding, lithographing, and zinc- 
engraving shops; 

(8) Clothing industries: Clothing shops, underwear and trim- 
mings, workshops for pressing, workshops for bed coverings, artificial 
flowers, feathers, and trimmings, hat and umbrella factories; 

(9) Woodworking industries: Joiners' shops, coopers* sheds, 
wagon factories, manufactories of furniture and chairs, picture-framing 
establishments, brush and broom factories; 

(10) Electrical industries: Power houses, shops for electrical 
installations; 

(11) Transportation by land: Employees on railroads and street 
cars, firemen, drivers, and carters. 

Article 13. 
In the application of this Convention to Roumania the date at 
which its provisions shall be brought into operation in accordance 
with Article 19 may be extended to not later than 1 July, 1924. 

Article 14. 
The operation of the provisions of this Convention may be sus- 
pended in any country by the Government in the event of war or 
other emergency endangering the national safety. 

Article 15. 
The formal ratifications of this Convention, under the conditions 
set forth in Part XIII of the Treaty of Versailles of 28 June, 1919, 
and of the Treaty of St. Germain of 10 September, 1919, shall be com- 
municated to the Secretary General of the League of Nations for 
registration. 

Article 16. 
Each Member which ratifies this Convention engages to apply it 
to its colonies, protectorates and possessions which are not fully 
self-governing: 

(a) Except where owing to the local conditions its provisions are 
inapplicable; or 

(b) Subject to such modifications as may be necessary to adapt 
its provisions to local conditions. 

Each Member shall notify to the International Labor Office the 
action taken in respect of each of its colonies, protectorates, and pos- 
sessions which are not fully self-governing. 

Article 17. 
As soon as the ratifications of two Members of the International 
Labor Organization have been registered with the Secretariat, the 
Secretary General of the League of Nations shall so notify all the 
Members of the International Labor Organization. 

Article 18. 
This Convention shall come into force at the date on which such 
notification is issued by the Secretary General of the League of 
Nations, and it shall then be binding only upon those Members which 
have registered their ratification with the Secretariat. Thereafter 
this Convention will come into force for any other Member, at the 
date on which its ratification is registered with the Secretariat. 

417 



THE INTERNATIONAL PROTECTION OF LABOR 

Article 19. 
Each Member which ratifies this Convention agrees to bring its 
provisions into operation not later than 1 July, 1921, and to take such 
action as may be necessary to make these provisions effective. 

Article 20. 
A Member which has ratified this Convention may denounce it 
after the expiration of ten years from the date on which the Conven- 
tion first comes into force, by an act communicated to the Secretary 
General of the League of Nations for registration. Such denunciation 
shall not take effect until one year after the date on which it is 
registered with the Secretariat. 

Article 21. 
At least once in ten years the Governing Body of the International 
Labor Office shall present to the General Conference a report on the 
working of this Convention, and shall consider the desirability of 
placing on the agenda of the Conference the question of its revision 
or modification. 

Article 22. 
The French and English texts of this Convention shall both be 
authentic. 

II. 
DRAFT CONVENTION CONCERNING UNEMPLOYMENT. 

Article 1. 
Each Member which ratifies this Convention shall communicate to 
the International Labor Office, at intervals as short as possible and 
not exceeding three months, all available information, statistical or 
otherwise, concerning unemployment, including reports on measures 
taken or contemplated to combat unemployment. Whenever practica- 
ble, the information shall be made available for such communication 
not later than three months after the end of the period to which it 
relates. 

Article 2. 

Each Member which ratifies this Convention shall establish a sys- 
tem of free public employment agencies under the control of a central 
authority. Committees, which shall include representatives of em- 
ployers and of workers, shall be appointed to advise on matters con- 
cerning the carrying on of these agencies. 

Where both public and private free employment agencies exist, 
steps shall be taken to co-ordinate the operations of such agencies on 
a national scale. 

The operations of the various national systems shall be co-ordi- 
nated by the International Labor Office in agreement with the coun- 
tries concerned. 

Article 3. 
The Members of the International Labor Organization which 
ratify this Convention and which have established systems of insur- 
ance against unemployment shall, upon terms being agreed between 
the Members concerned, make arrangements whereby workers belong- 
ing to one Member and working in the territory of another shall be 

418 



INTERNATIONAL LABOR ORGANIZATION 

admitted to the same rates of benefit of such insurance as those 
which obtain for the workers belonging to the latter. 

Article 4. 
The formal ratifications of this Convention, under the conditions 
set forth in Part XIII of the Treaty of Versailles of 28 June, 119, and 
of the Treaty of St. Germain of 10 September, 1919, shall be commu- 
nicated to the Secretary General of the League of Nations for registra- 
tion. 

Article S. 
Each Member which ratifies this Convention engages to apply it 
to its colonies, protectorates and possessions which are not fully self- 
governing: 

(a) Except where owing to the local conditions its provisions 
are inapplicable; or 

(b) Subject to such modifications as may be necessary to adapt 
its provisions to local conditions. 

Each Member shall notify to the International Labor Office the 
action taken in respect of each of its colonies, protectorates and pos- 
sessions which are not fully self-governing. 

Article 6. 
As soon as the ratifications of three Members of the International 
Labor Organization have been registered with the Secretariat, the 
Secretary General of the League of Nations shall so notify all the 
Members of the International Labor Organization. 

Article 7. 
This Convention shall come into force at the date on which such 
notification is issued by the Secretary General of the League of 
Nations, but it shall then be binding only upon those Members which 
have registered their ratifications with the Secretariat. Thereafter 
this Convention will come Into force for any other Member at the 
date on which its ratification Is registered with the Secretariat. 

Article 8. 
Each Member which ratifies this Convention agrees to bring Its 
provisions Into operation not later than 1 July, 1921, and to take 
such action as may be necessary to make these provisions effective. 

Article 9. 
A Member which has ratified this Convention may denounce it 
after the expiration of ten years from the date on which the Con- 
vention first comes into force, by an act communicated to the Secre- 
tary General of the League of Nations for registration. Such denun- 
ciation shall not take effect until one year after the date on which it 
is registered with the Secretariat. 

Article 10. 
At least once In ten years the Governing Body of the International 
Labor Office shall present to the General Conference a report on 
the working of this Convention, and shall consider the desirability 
of placing on the agenda of the Conference the question of its revision 
or modification. 

419 



THE INTERNATIONAL PROTECTION OF LABOR 

Article 11. 
The French and English texts of this Convention shall both be 
authentic. 

III. 

RECOMMENDATION CONCERNING UNEMPLOYMENT. 

Article 1. 
The General Conference recommends that each Member of the 
International Labor Organization take measures to prohibit the estab- 
lishment of employment agencies which charge fees or which carry- 
on their business for profit. Where such agencies already exist, it is 
further recommended that they be permitted to operate only under 
Government licenses, and that all practicable measures be taken to 
abolish such agencies as soon as possible. 

Article 2. 
The General Conference recommends to the Members of the Inter- 
national Labor Organization that the recruiting of bodies of workers 
in one country with a view to their employment in another country 
should be permitted only by mutual agreement between the countries 
concerned and after consultation with employers and workers in each 
country in the industries concerned. 

Article 3. 
The General Conference recommends that each Member of the In- 
ternational Labor Organization establish an effective system of un- 
employment insurance, either through a Government system or 
through a system of Government subventions to associations whose 
rules provide for the payment of benefits to their unemployed mem- 
bers. 

Article 4. 
The General Conference recommends that each Member of the 
International Labor Organization co-ordinate the execution of all 
work undertaken under public authority, with a view to reserving 
such work as far as practicable for periods of unemployment and for 
districts most affected by it, 

IV. 

RECOMMENDATION CONCERNING RECIPROCITY OF 

TREATMENT OF FOREIGN WORKERS. 

The General Conference recommends that each Member of the 
International Labor Organization shall, on condition of reciprocity 
and upon terms to be agreed between the countries concerned, admit 
the foreign workers (together with their families) employed within 
its territory, to the benefit of its laws and regulations for the pro- 
tection of its own workers, as well as to the right of lawful organiza- 
tion as enjoyed by its own workers. 

V. 

DRAFT CONVENTION CONCERNING EMPLOYMENT OF 
WOMEN BEFORE AND AFTER CHILDBIRTH. 

The General Conference of the International Labor Organization 
of the League of Nations, 

420 



INTERNATIONAL LABOR ORGANIZATION 

Having been convened at Washington by the Government of 
the United States of America on the 29th day of October, 1919, and 
Having decided upon the adoption of certain proposals with 
regard to "women's employment, before and after childbirth, in- 
cluding the question of maternity benefit," which is part of the 
third item in the agenda for the Washington meeting of the Con- 
ference, and 

Having determined that these proposals shall take the form oi 
a draft international convention, 
Adopts the following Draft Convention for ratification by the Mem- 
bers of the International Labor Organization, in accordance with the. 
Labor Part of the Treaty of Versailles of 28 June, 1919, and of thie 
Treaty of St. Germain of 10 September, 1919: 

Article 1. 
For the purpose of this Convention, the term "industrial under- 
taking" includes particularly: 

(a) Mines, quarries, and other works for the extraction of mine- 
rals from the earth. 

(b) Industries in which articles are manufactured, altered, 
cleaned, repaired, ornamented, finished, adapted for sale, broken up 
or demolished, or in which materials are transformed; including ship- 
building, and the generation, transformation, and transmission of elec- 
tricity or motive power of any kind. 

(c) Construction, reconstruction, maintenance, repair, alteration, 
or demolition of any building, railway, tramway, harbor, dock, pier, 
canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, 
well, telegraphic or telephonic installation, electrical undertaking, gas 
work, water work, or other work of construction, as well as the prepa- 
ration for or laying the foundation of any such work or structure. 

(d) Transport of passengers or goods by road, rail, sea, or inland 
waterway, including the handling of goods at docks, quays, wharves, 
and warehouses, but excluding transport by hand. 

For the purpose of this Convention, the term "commercial under- 
taking" includes any place where articles are sold or where commerce 
is carried on. 

The competent authority in each country shall define the line of 
division which separates industry and commerce from agriculture. 

Article 2. 
For the purpose of this Convention the term "woman" signifies any 
female person, irrespective of age or nationality, whether married or 
unmarried, and the term "child" signifies any child whether legitimate 
or illegitimate. 

Article 3. 
In any public or private industrial or commercial undertaking, or 
in any branch thereof, other than an undertaking in which only mem- 
bers of the same family are employed, a woman — 

(a) Shall not be permitted to work during the six weeks following 
her confinement. 

(b) Shall have the right to leave her work If she produces a 
medical certificate stating that her confinement will probably take 
place within six weeks. 

(c) Shall, while she is absent from her work in pursuance of 
paragraphs (a) and (b) be paid benefits sufficient for the full and 
healthy maintenance of herself and her child provided either out of 

421 



THE INTERNATIONAL PROTECTION OF LABOR 

public funds or by means of a system of insurance, the exact amount 
of which shall be determined by the competent authority in each 
country, and as an additional benefit shall be entitled to free attend- 
ance by a doctor or certified midwife. No mistake of the medical 
adviser in estimating the date of confinement shall preclude a woman 
from receiving these benefits from the date of the medical certificate 
tip to the date on which the confinement actually takes place. 

(d) Shall in any case, if she is nursing her child, be allowed half 
an hour twice a day during her working hours for this purpose. 

Article 4. 
Where a woman is absent from her work in accordance with 
paragraphs (a) or (b) of Article 3 of this Convention, or remains 
absent from her work for a longer period as a result of illness medic- 
ally certified to arise out of pregnancy or confinement and rendering 
her unfit for work, it shall not be lawful, until her absence shall have 
exceeded a maximum period to be fixed by the competent authority in 
each country, for her employer to give her notice of dismissal during 
such absence, nor to give her notice of dismissal at such a time that 
tjhe notice would expire during such absence. 

Article 5. 
The formal ratifications of this Convention, under the conditions 
set forth in Part XIII of the treaty of Versailles of 28 June, 1919, and 
of the Treaty of St. Germain of 10 September, 1919, shall be commu- 
nicated to the Secretary General of the League of Nations for regis- 
tration. 

Article 6. 

Each Member which ratifies this Convention engages to apply it 
to its colonies, protectorates, and possessions which are not fully self- 
governing: 

(a) Except where, owing to the local conditions, its provisions 
are inapplicable; or 

(b) Subject to such modifications as may be necessary to adapt 
Its provisions to local conditions. 

Each Member shall notify to the International Labor Office the 
action taken in respect of each of its colonies, protectorates, and pos- 
sessions which are not fully self-governing. 

Article 7. 

As soon as the ratifications of two Members of the International 
Labor Organization have been registered with the Secretariat, the 
Secretary General of the League of Nations shall so notify all the 
Members of the International Labor Organization. 

Article 8. 
This Convention shall come into force at the date on which such 
notification is issued by the Secretary General of the League of 
Nations, but it shall then be binding only upon those Members which 
have registered their ratifications with the Secretariat. Thereafter 
this Convention will come into force for any other Member at the 
date on which its ratification is registered with the Secretariat. 

Article 9. 
Each Member which ratifies this Convention agrees to bring its 
provisions into operation not later than 1 July, 1922, and to take 

422 




INTERNATIONAL LABOR ORGANIZATION 

such action as may be necessary to make these provisions effective. 

Article 10. 
A Member which has ratified this Convention may denounce it 
after the expiration of ten years from the date_ on which the Conven- 
tion first comes into force, by an act communicated to the Secretary 
General of the League of Nations for registration. Such denuncia- 
tion shall not take effect until one year after the date on which it 
is registered with the Secretariat. 

Article 11. 
At least once in 10 years the Governing Body of the International 
Labor Office shall present to the General Conference a report on the 
working of this Convention, and shall consider the desirability of 
placing on the agenda of the Conference the question of its revision 
or modification. 

Article 12. 
The French and English texts of this Convention shall both be 
authentic. 

VI. 

DRAFT CONVENTION CONCERNING EMPLOYMENT OF 
WOMEN DURING THE NIGHT. 

The General Conference of the International Labor Organization 
of the League of Nations, 

Having been convened at Washington by the Government of 
the United States of America, on the 29th day of October, 1919, and 
Having decided upon the adoption of certain proposals with regard 
to "women's employment: during the night," which is part of the 
third item in the agenda for the Washington meeting of the Con- 
ference, and 

Having determined that these proposals shall take the form of 
a draft international convention, 
Adopts the following Draft Convention for ratification by the Mem- 
bers of the International Labor Organization, in accordance with the 
Labor Part of the Treaty of Versailles of 28 June, 1919, and of the 
Treaty of St. Germain of IQ September, 1919: 

Article 1. 
For the purpose of this Convention, the term "industrial under- 
taking" includes particularly: 

(a) Mines, quarries, and other works for the extraction of mine- 
rals from the earth; 

(b) Industries in which articles are manufactured, altered, cleaned, 
repaired, ornamented, finished, adapted for sale, broken up or demol- 
ished, or in which materials are transformed; including shipbuilding, 
and the generation, transformation, and transmission of electricity 
or motive power of any kind; 

(c) Construction, reconstruction, maintenance, repair, alteration, 
or demolition of any building, railway, tramway, harbor, dock, pier, 
canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, 
well, telegraphic or telephonic installation, electrical undertaking, gas 
work, waterwork, or other work of construction, as well as the prepa- 
ration for or laying the foundations of any such work or structure. 

423 



THE INTERNATIONAL PROTECTION OF LABOR 

The competent authority in each country shall define the line of 
division which separates industry from commerce and agriculture. 

Article 2. 

For the purpose of this Convention, the term "night"* signifies a 
period of at least eleven consecutive hours, including the interval be- 
tween ten o'clock in the evening and five o'clock in the morning. 

In those countries where no Government regulation as yet applies 
to the employment of women in industrial undertakings during the 
night, the term "night" may provisionally, and for a maximum period 
of three years, be declared by the Government to signify a period of 
only ten hours, including the interval between ten o'clock in the even- 
ing and five o'clock in the morning. 

Article 3. 

Women without distinction of age shall not be employed during 
the night in any public or private industrial undertaking, or in any 
branch thereof, other than an undertaking in which only members of 
the same family are employed. 

Article 4. 

Article 3 shall not apply: 

(a) In cases of force majeure, when in any undertaking there 
comes an interruption of work which it was impossible to foresee, 
and which is not of a recurring character. 

(b) In cases where the work has to do with raw materials or 
materials in course of treatment which are subject to rapid deteriora- 
tion, when such night work is necessary to preserve the said materials 
from certain loss. 

Article 5. 

In India and Siam, the application of Article 3 of this Convention 
may be suspended by the Government in respect to any industrial 
undertaking, except factories as defined by the national law. Notice 
of every such suspension shall be filed with the International Labor 
Office. 

Article 6. 

In industrial undertakings which are influenced by the seasons and 
in all cases where exceptional circumstances demand it, the night 
period may be reduced to ten hours on sixty days of the year. 

Article 7. 
In countries where the climate renders work by day particularly 
trying to the health, the night period may be shorter than prescribed 
in the above articles, provided that compensatory rest is accorded 
during the day. 

Article 8. 
The formal ratifications of this Convention, under the conditions 
set forth in Part XIII of the Treaty of Versailles of 28 June, 1919, and 
of the Treaty of St. Germain of 10 September, 1919, shall be commu- 
nicated to the Secretary General of the League of Nations for regis- 
tration. 

424 



INTERNATION'AL LABOR ORGANIZATION 

Article 9. 
Each Member which ratifies this Convention engages to apply it 
to its colonies, protectorates and possessions which are not fully self- 
governing: 

(a) Except where owing to the local conditions its provisions are 
inapplicable; or 

(b) Subject to such modifications as may be necessary to adapt 
its provisions to local conditions. 

Each Member shall notify to the International Labor Office the 
action taken in respect of each of its colonies, protectorates and pos- 
sessions which are not fully self-governing. 

Article 10. 
As soon as the ratifications of two Members of the International 
Labor Organization have been registered with the Secretariat, the 
Secretary General of the League of Nations shall so notify all the 
Alembers of the International Labor Organization. 

Article 11. 
This Convention shall come into force at the date on which such 
notification is issued b}^ the Secretary General of the League of 
Nations, but it shall then be binding only upon those Members which 
have registered their ratifications with the Secretariat. Thereafter 
this Convention will come Into force for any other Member at the 
date on which its ratification is registered with the Secretariat. 

Article 12. 
Each Member which ratifies this Convention agrees to bring its 
provisions into operation not later than 1 July, 1922, and to take 
such action as may be necessary to make these provisions effective. 

Article 13. 
A Member which has ratified this Convention may denounce it 
after the expiration of ten years from the date on which the Conven- 
tion first comes into force, by an act communicated to the Secretary 
General of the League of Nations for registration. Such denunciation 
shall not take effect until one year after the date on which it is 
registered with the Secretariat. 

Article 14. 
At least once in ten years, the Governing Body of the International 
Labor Office shall present to the General Conference a report on 
the working of this Convention, and shall consider the desirability 
of placing on the agenda of the Conference the question of its revision 
or modification. 

Article 15. 
The French and English texts of this Convention shall both be 
authentic. 

VII. 
RECOMMENDATION CONCERNING THE PREVENTION OF 

ANTHRAX. 

The General Conference recommends to the Members of the In- 
ternational Labor Organization that arrangements should be made for 

425 



THE INTERNATIONAL PROTECTION OF LABOR 

the disinfection of wool infected with anthrax spores, either in the 
country exporting such wool or, if that is not practicable, at the port 
of entry in the country importing such wool. 

VIII. 

RECOMMENDATION CONCERNING THE PROTECTION OF 

WOMEN AND CHILDREN AGAINST LEAD POISONING. 

The General Conference recommends to the Members of the In- 
ternational Labor Organization that in view of the danger involved 
to the function of maternity and to the physical development of 
children, women and young persons under the age of eighteen years 
be excluded from employment in the following processes: 

(a) In furnace work in the reduction of zinc or lead ores. 

(b) In the manipulation, treatment, or reduction of ashes contain- 
ing lead, and in the de-silverizing of lead. 

(c) In melting lead or old zinc on a large scale. 

(d) In the manufacture of solder or alloys containing more than 
ten per cent, of lead. 

(e) In the manufacture of litharge, massicot, red lead, white lead, 
orange lead, or sulphate, chromate or silicate (frit) of lead. 

(f) In mixing and pasting in the manufacture or repair of electric 
accumulators. 

(g) In the cleaning of workrooms where the above processes are 
carried on. 

It is further recommended that the employment of women and 
young persons under the age of eighteen years in processes involving 
the use of lead compounds be permitted only subject to the following 
conditions: 

(a) Locally applied exhaust ventilation, so as to remove dust and 
fumes at the point of origin. 

(b) Cleanliness of tools and workrooms. 

(c) Notification to Government authorities of all cases of lead 
poisoning, and compensation therefor. 

(d) Periodic medical examination of the persons employed in such 
processes. 

(e) Provision of sufficient and suitable cloak-room, washing, and 
mess-room accommodation, and of special protective clothing. 

(f) Prohibition of bringing food or drink into work rooms. 

It is further recommended that in industries where soluble lead 
compounds can be replaced by non-toxic substances, the use of soluble 
lead compounds should be strictly regulated. 

For the purpose of this Recommendation, a lead compound should 
be considered as soluble if it contains more than five per cent, of its 
weight (estimated as metallic lead) soluble in a quarter of one per 
cent, solution of hydrochloric acid. 

IX. 

RECOMMENDATION CONCERNING THE ESTABLISHMENT 
OF GOVERNMENT HEALTH SERVICES. 

The General Conference recommends that each Member of the 
International Labor Organization which has not already done so 
should establish as soon as possible, not only a system of efficient 
factory inspection, but also In addition thereto a Government service 
especially charged with the duty of safeguarding the health of the 

426 



INTERNATIONAL LABOR ORGANIZATION 

workers, which will keep in touch with the International Labor 
Office. 

X. 

RECOMMENDATION CONCERNING THE APPLICATION OF 
THE BERNE CONVENTION OF 1906, ON THE PROHIBI- 
TION OF THE USE OF WHITE PHOSPHORUS IN THE 
MANUFACTURE OF MATCHES. 

The General Conference recommends that each Member of the 
International Labor Organization, which has not ah-eady done so, 
should adhere to_ the International Convention adopted at Berne in 
1906 on the prohibition of the use of white phosphorus in the manu- 
facture of matches. 

XI. 

DRAFT CONVENTION FIXING THE MINIMUM AGE FOR 
ADMISSION OF CHILDREN TO INDUSTRIAL EMPLOY- 
MENT. 

The General Conference of the International Labor Organization 
of the League of Nations, 

Having been convened by the Government of the United States 
of America at Washington, on the 29th day of October, 1919, and 
Having decided upon the adoption of certain proposals with 
regard to the "employment of children: minimum age of employ- 
ment," which is part of the fourth item in the agenda for the 
Washington meeting of the Conference, and 

Having determined that these proposals shall take the form 
of a draft international convention. 
Adopts the following Draft Convention for ratification by the Mem- 
bers of the International Labor Organization, in accordance with the 
Labor Part of the Treaty of Versailles of 28 June, 1919, and of the 
Treaty of St. Germain of 10 September, 1919: 

Article 1. 
For the purpose of this Convention, the term "industrial under- 
taking" includes particularly: 

(a) Mines, quarries and other works for the extraction of mine- 
rals from the earth. 

(b) Industries in which articles are manufactured, altered, cleaned, 
repaired, ornamented, finished, adapted for sale, broken up or demol- 
ished, or in which materials are transformed; including shipbuilding, 
and the generation, transformation, and transmission of electricity 
and motive power of any kind. 

(c) Construction, reconstruction, maintenance, repair, alteration, 
or demolition of any building, railway, tramway, harbor, dock, pier, 
canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, 
well, telegraphic or telephonic installation, electrical undertaking, gas 
work, water work, or other work of construction, as well as the 
preparation for or laying the foundations of any such work or struc- 
ture. 

(d) Transport of passengers or goods by road or rail or inland 
waterway, including the handling of goods at docks, quays, wharves, 
and warehouses, but excluding transport by hand. 

427 



THE INTERNATIONAL PROTECTION OF LABOR 

The competent authority In each country shall define the line of 
division which separates industry from commerce and agriculture. 

Article 2.. 
Children under the age of fourteen years shall not be employed or 
work in any public or private industrial undertaking, or in any branch 
thereof, other than an undertaking in which only members of the same 
family are employed. 

Article 3. 
The provisions of article 2 shall not apply to work done by children 
in technical schools, provided that such work is approved and super- 
vised by public authority. 

Article 4. 
In order to facilitate the enforcement of the provisions of this 
Convention, every employer in an industrial undertaking shall be 
required to keep a register of all persons under the age of sixteen 
years employed by him, and of the dates of their births. 

Article 5. 
In connection with the application of this Convention to Japan, 
the following modifications of article 2 may be made: 

(a) Children over twelve years of age may be admitted into em- 
ployment if they have finished the course in the elementary school; 

(b) As regards children between the ages of twelve and fourteen 
already employed, transitional regulations may be made. 

The provision in the present Japanese law admitting children under 
the age of twelve years to certain light and easy employments shall 
be repealed. 

Article 6. 

The provisions of article 2 shall not apply to India, but in India 
children under twelve years of age shall not be employed. 

(a) In manufactories working with power and employing more 
than ten persons; 

(b) In mines, quarries, and other works for the extraction of 
minerals from the earth; 

(c) In the transport of passengers or goods, or mails, by rail, or 
in the handling of goods at docks, quays, and wharves, but exclud- 
ing transport by hand. 

Article 7. 
The '^ormal ratifications of this Convention, under the conditions 
set forth in Part XIII of the Treaty of Versailles of 28 June, 1919, 
and of the Treaty of St. Germain of 10 September, 1919, shall be 
communicated to the Secretary General of the League of Nations for 
registration. 

Article 8. 
Each Member which ratifies this Convention engages to apply It 
to its colonies, protectorates, and possessions which are not fully 
self-governing: 

(a) Except where owing to the local conditions its provisions 
are inapplicable; or 

(b) Subject to such modifications as may be necsssary to adapt 
its provisions to local conditions. 

428 



INTERNATIONAL LABOR ORGANIZATION 

Each Member shall notify to the International Labor Office the 
action taken in respect to each of its cojonies, protectorates, and 
possessions which are not fully self-governing. 

Article 9. 
As soon as the ratifications of two Members of the International 
Labor Organization have been registered with the Secretariat, the 
Secretary General of the League of Nations shall so notify all the 
members of the International Labor Organization. 

Article 10. 
This Convention shall come into force at the date on which such 
notification is issued by the^ Secretary General of the League of 
Nations, but it shall then be binding only upon those Members which 
have registered their ratifications with the Secretariat. Thereafter 
this Convention will come into force for any other Member at the 
date on which its ratification is registered with the Secretariat. 

Article 11. 
Each Member which ratifies this Convention agrees to bring its 
provisions into operation not later than 1 July, 1922,^ and to take 
such action as may be necessary to make these provisions effective. 

Article 12, 
A Member which has ratified this Convention may_ denounce it 
after the expiration of ten years from the date on which the Con- 
vention first comes into force, by an act communicated to the Secre- 
tary General of the League of Nations for registration. Such denun- 
ciation shall not take effect until one year after the date on which 
it is registered with the Secretariat. 

Article 13. 
At least once in ten years, the Governing Body of the Interna- 
tional Labor Office shall present to the General Conference a report 
on the working of this Convention, and shall consider the desirability 
of placing on the agenda of the Conference the question of its revision 
or modification. 

Article 14. 
The French and English texts of this Convention shall both be 
authentic. 

XXL 

DRAFT CONVENTION CONCERNING THE NIGHT WORK OF 

YOUNG PERSONS EMPLOYED IN INDUSTRY 

The General Conference of the International Labor Organization 
of the League of Nations, 

Having been convened by the Government of the United States 
of America at Washington, on the 29th day of October, 1919, and 

Having decided upon the adoption of certain proposals with 
regard to the "employment of children: during the night," which 
is part of the fourth item in the agenda for the Washington meet- 
ing of the Conference, and 

Having determined that these proposals shall take the form 
of a draft international convention, 

429 



THE INTERNATIONAL PROTECTION OF LABOR 

Adopts the following Draft Convention for ratification by the Mem- 
bers of the International Labor Organization, in accordance with the 
Labor Part of the Treaty of Versailles of 28 June, 1919, and of the 
Treaty of St. Germain of 10 September, 1919: 

Article 1. 
For the purpose of this Convention, the term "industrial under- 
taking" includes particularly: 

(a) Mines, quarries and other works for the extraction of mine- 
rals from the earth. 

(b) Industries in which articles are manufactured, altered, cleaned, 
repaired, ornamented, finished, adapted for sale, broken up or demol- 
ished, or in which materials are transformed; including shipbuilding, 
and the generation, transformation, and transmission of electricity 
or motive power of any kind. 

(c) Construction, reconstruction, maintenance, repair, alteration, 
or demolition of any building, railway, tramway, harbor, dock, pier, 
canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, 
well, telegraphic or telephonic installation, electrical undertaking, gas 
work, water work, or other work of construction, as well as the 
preparation for or laying the foundations of any such work or struc- 
ture. 

(d) Transport of passengers or goods by road or rail, including 
the handling of goods at docks, quays, wharves, and warehouses, but 
excluding transport by hand. 

The competent authority in each country shall define the line of 
division which separates industry from commerce and agriculture. 

Article 2. 

Young persons under eighteen years of age shall not be employed 
during the night in any public or private industrial undertaking, or in 
any branch thereof, other than an undertaking in which only members 
of the same family are employed, except as hereinafter provided for. 

Young persons over the age of sixteen may be employed during the 
night in the following industrial undertakings on work which by rea- 
son of the nature of the process is required to be carried on con- 
tinuously day and night: 

(a) Manufacture of iron and steel; processes in which reverbera- 
tory or regenerative furnaces are used, and galvanizing of sheet metal 
or wire (except the pickling process); 

(b) Glass works; 

(c) Manufacture of paper; 

(d) Manufacture of raw sugar; 

(e) Gold mining reduction work. 

Article 3. 

For the purpose of this Convention, the term "night" signifies a 
period of at least eleven consecutive hours, including the interval 
between ten o'clock in the evening and five o'clock in the morning. 

In coal and lignite mines work may be carried on in the interval 
between ten o'clock in the evening and five o'clock in the morning, 
if an interval of ordinarily fifteen hours, and in no case of less than 
thirteen hours, separates two periods of work. 

Where night work in the baking industry is prohibited for all 
workers, the interval between nine o'clock in the evening and four 
o'clock in the morning may be substituted ir the baking industry for 

43Q 



INTERNATIONAL LABOR ORGANIZATION 

the interval between ten o'clock in the evening and five o'clock in the 
morning. 

In those tropical countries in which work is suspended during the 
middle of the day, the night period may be shorter than eleven hours 
if compensatory rest is accorded during the day. 

Article 4. 
The provisions of articles 2 and 3 shall not apply to the night 
work of young persons between the ages of sixteen and eighteen 
years in cases of emergencies which could not have been controlled 
or foreseen, which are not of a periodical character, and which inter- 
fere with the normal working of the industrial undertaking. 

Article 5. 
In the application of this Convention to Japan, until 1 July, 1925, 
Article 2 shall apply only to young persons under fifteen years of 
age and thereafter it shall apply only to young persons under sixteen 
years of age. 

Article 6. 
In the application of this Convention to India, the term "industrial 
undertakings" shall include only ''factories" as defined in the Indian 
Factory Act, and article 2 shall not apply to male young persons 
over fourteen years of age. 

Article 7. 
The prohibition of night work may be suspended by the Govern- 
ment, for young persons between the ages of sixteen and eighteen 
years, when in case of serious emergency the public interest demands 
it. 

Article 8. 
The formal ratifications of this Convention, under the conditions 
set forth in Part XIII of the Treaty of Versailles of 28 June, 1919, 
and of the Treaty of St. Germain of 10 September, 1919, shall be 
communicated to the Secretary General of the League of Nations for 
registration. 

Article 9. 
Each Member which ratifies this Convention engages to apply it 
to its colonies, protectorates and possessions which are not fully 
self-governing: 

(a) Except where owing to the local conditions its provisions are 
inapplicable; or 

(b) Subject to such modifications as may be necessary to adapt 
its provisions to local conditions. 

Each Member shall notify to the International Labor Office the 
action taken in respect of each of Its colonies, protectorates and pos- 
sessions which are not fully self-governing. 

Article 10. 
As soon as the ratifications of two Members of the International 
Labor Organization have been registered with the Secretariat the 
Secretary General of the League of Nations shall so notify all the 
Members of the International Labor Organization. 

Article 11. 
This Convention shall come Into force at the date on which such 
notification is issued by the Secretary General of the League of 

431 



THE INTERNATIONAL PROTECTION OF LABOR 

Nations, and it shall then be binding only upon those Members which 
have registered their ratifications with the Secretariat. Thereafter 
this Convention will come into force for any other Member at the 
date on which its ratification is registered with the Secretariat. 

Article 12. 
Each Member which ratifies this Convention agrees to bring its 
provisions into operation not later than 1 July, 1922, and to take such 
action as may be necessary to make these provisions effective. 

Article 13. 
A Member which has ratified this Convention may denounce it 
after the expiration of ten years from the date on which the Con- 
vention first comes into force, by an act communicated to the Secre- 
tary General of the League of Nations for registration. Such denun- 
ciation shall not take effect until one year after the date on which 
it is registered with the Secretariat. 

Article 14. 
At least once in ten years the Governing Body of the Interna- 
tional Labor Office shall present to the General Conference a report 
on the working of this Convention, and shall consider the desirability 
of placing on the agenda of the Conference the question of its re- 
vision or modification. 

Article 15. 
The French and EngHsh texts of this Convention shall both be 
authentic. 



PROTECTION FOR SEAMEN. 



Draft Conventions and Recommendations 
Adopted by 

THE INTERNATIONAL LABOR CONFERENCE 

OF THE LEAGUE OF NATIONS. 

(Second Meeting:.) 

Genoa, June 15- July 10, 1920. 



RECOMMENDATION CONCERNING THE LIMITATION OF 
HOURS OF WORK IN THE FISHING INDUSTRY. 

The General Conference of the International Labor Organization 
of the League of Nations, 

Having been convened at Genoa by the Governing Body of the 
International Labor Office, on the 15th day of June, 1920, and 

Having decided upon the adoption of certain proposals with 
regard to the "Application to seamen of the Convention drafted at 
Washington, last November, limiting the hours of work in all in- 
dustrial undertakings, including transport by sea and, under condi- 
tions to be determined, transport by inland waterways, to 8 hours 
in the day and 48 in the week. Consequential effects as regards 

432 



INTERNATIONAL LABOR ORGANIZATION 

manning and the regulations relating to accommodation and health 

on board ship," which is the first item in the addenda for the Genoa 

meeting of the Conference, and 

Having determined that these proposals shall take the form of 

a recommendation, 
Adopts the following Recommendation, to be submitted to the Mem- 
bers of the International Labor Organization for consideration with 
a view to effect being given to it by national legislation or otherwise, 
in accordance with the Labor Part of the Treaty of Versailles of 28 
June, 1919, of the Treaty of St. Germain of 10 September, 1919, of 
the Treaty of Neuilly of 27 November, 1919, and of the Treaty of the 
Grand Trianon of 4 June, 1920: 

In view of the declaration in the Treaties of Peace that all Indus- 
trial communities should endeavor to adopt, so far as their special 
circumstances will permit, "an eight-hours' day or a forty-eight hours' 
week as the standard to be aimed at where it has not already been 
attained," the International Labor Conference recommends that each 
Member of the International Labor Organization enact legislation 
limiting in this direction the hours of work of all workers employed 
in the fishing industry, with such special provisions as may be neces- 
sary to meet the conditions peculiar to the fishing industry in each 
country; and that in framing such legislation each Government consult 
with the organizations of employers and the organizations of workers 
concerned. 

RECOMMENDATION CONCERNING THE LIMITATION OF 
HOURS OF WORK IN INLAND NAVIGATION. 

I. 

That each Member of the International Labor Organization should, 
if it has not already done so, enact legislation limiting in the direction 
of the above declaration in the Treaties of Peace [that all industrial 
communities should endeavor to adopt, so far as their special circum- 
stances will permit, "an eight hours' day or a forty-eight hours' week 
as the standard to be aimed at where it has not already been attained"] 
the hours of work of workers employed in inland navigation, with such 
special provisions as may be necessary to meet the climatic and indus- 
trial conditions peculiar to inland navigation in each country, and after 
consultation with the organizations of employers and the organizations 
of workers concerned. 

II. 

That those Members of the International Labor Organization 
whose territories are riparian to waterways which are used in com- 
mon by their boats should enter into agreements for limiting in the 
direction of the aforesaid declaration, the hours of work of persons 
employed in inland navigation on such waterways, after consultation 
with the organizations of employers and the organizations of workers 
concerned. 

in. 

That such national legislation and such agreements bet^yeen ripar- 
ian countries should follow as far as possible the general lines of the 
Draft Convention concerning hours of work adopted by the Inter- 
national Labor Conference at Washington, with such exceptions as 
may be necessary for meeting the climatic or other special conditions 
of the countries concerned. 

433 



THE INTERNATIONAL PROTECTION OF LABOR 

IV. 

That in the application of this Recommendation, each Member of 
the International Labor Organization should determine for itself, 
after consultation with the organizations of employers and the organ- 
izations of workers concerned, what is inland navigation as distin- 
guished from maritime navigation, and should communicate its deter- 
mination to the International Labor Office. 

V 

That each Member of the International Labor Organization should 
report to the International Labor Office, within two years after the 
adjournment of the Genoa Conference, the progress which it has 
made in the direction of this Recom^mendation. 

RECOMMENDATION CONCERNING THE ESTABLISHMENT 
OF NATIONAL SEAMEN'S CODES. 

In order that, as a result of the clear and systematic codification 
of the national law in each country, the seamen of the world, whether 
engaged on ships of their own or foreign countries, may have a better 
comprehension of their rights and obligations, and in order that the 
task of establishing an International Seamen's Code may be advanced 
and facilitated, the International Labor Conference recommends that 
each Member of the International Labor Organization undertake the 
embodiment in a seamen's code of all its laws and regulations relating 
to seamen in their activities as such. 

DRAFT CONVENTION FIXING THE MINIMUM AGE FOR 
ADMISSION OF CHILDREN TO EMPLOYMENT AT SEA. 

Article 1. 

For the purpose of this Convention, the term "vessel" includes all 
ships and boats, of any nature whatsoever, engaged in maritime navi- 
gation, whether publicly or privately owned; it excludes ships of war. 

Article 2. 
Children under the age of fourteen years shall not be employed or 
work on vessels, other than vessels upon which only members of the 
same family are employed. 

Article 3. 
The provisions of Article 2 shall not apply to work done by children 
on school-ships or training ships, provided that such work is approved 
and supervised by public authority. 

Article 4. 
In order to facilitate the enforcement of the provisions of this 
Convention, every shipmaster shall be required to keep a register of 
all persons under the age of sixteen years employed on board his 
vessel, or a list of them in the articles of agreement, and of the dates 
of their births. 

Article 5. 
Each Member of the International Labor Organization which 
ratifies this Convention engages to apply it to its colonies, protec- 
torates, and possessions which are not fully self-governing: 

434 



INTERNATIONAL LABOR ORGANIZATION 

(a) Except where owing to the local conditions its provisions 
are inapplicable; or 

(b) Subject to such modifications as may be necessary to adapt 
its provisions to local conditions. 

Article 6. 
The formal ratifications of this Convention under the conditions 
set forth in Part XIII of the Treaty of Versailles of 28 June, 1919, 
of the Treaty of St. Germain of 10 September, 1919, of the Treaty of 
Neuilly of 27 November, 1919, and of the Treaty of the Grand Trianon 
of 4 June, 1920, shall be communicated to the Secretary-General of 
the League of Nations for registration. 

Article 7. 
As soon as the ratifications of two Members of the International 
Labor Organization have been registered with the Secretariat, the 
Secretary General of the League of Nations shall so notify all the 
Members of the International Labor Organization. 

Article 8. 
This Convention shall come into force at the date on which such 
notification is issued by the Secretary General of the League of 
Nations, but it shall then be binding only upon those Members which 
have registered their ratifications with the Secretariat. Thereafter 
this Convention will come into force for any other Member at the 
date on which its ratification is registered with the Secretariat. 

Article 9. 
Subject to the provisions of Article 8, each_ Member which ratifies 
this Convention agrees to bring its provisions into operation not later 
than 1 July, 1922, and to take such action as may be necessary to 
make these provisions effective. 

Article 10. 
A Member which has ratified this Convention may denounce it 
after the expiration of ten years from the date on which the Con- 
vention first comes into force, by an act communicated to the Secre- 
tary General of the League of Nations for registration. Such de- 
nunciation shall not take effect until one year after the date on which 
it is registered with the Secretariat. 

Article 11. 
At least once in ten years, the Governing Body of the International 
Labor Office shall present to the General Conference a report on the 
working of this Convention, and shall consider the desirability of plac- 
ing on the agenda of the Conference the question of its revision or 
modification. 

RECOMMENDATION CONCERNING UNEMPLOYMENT IN- 
SURANCE FOR SEAMEN. 

The General Conference, with a view to securing the application 
to seamen of Part III of the Recommendation concerning Unemploy- 
ment adopted at Washington on 28 November, 1919, recommends 
that each Member of the International Labor Organization should 
establish for seamen an effective system of insurance against unem- 

435 



THE INTERNATIONAL PROTECTION OF LABOR 

ployment arising out of shipwreck or any other cause, either by 
means of Government insurance or by means of Government sub- 
ventions to industrial organizations whose rules provide for the pay- 
ment of benefits to their unemployed members, 

DRAFT CONVENTION CONCERNING UNEMPLOYMENT IN- 
DEMNITY IN CASE OF LOSS OR FOUNDERING OF 
THE SHIP. 

Article 1. 

For the purpose of this Convention, the term "seamen" includes all 
persons employed on any vessel engaged in maritime navigation. 

For the purpose of this Convention, the term "vessel" includes all 
ships and boats, of any nature whatsoever, engaged in maritime navi- 
gation, whether publicly or privately owned; it excludes ships of war. 

Article 2. 

In every case of loss or foundering of any vessel, the owner or 
person with whom the seaman has contracted for service on board 
the vessel shall pay to each seaman employed thereon an indemnity 
against unemployment resulting from such loss or foundering. 

This indemnity shall be paid for the days during which the seaman 
remains in fact unemployed at the same rate as the wages payable 
under the contract, but the total indemnity payable under this Conven- 
tion to any one seaman may be limited to two months' wages. 

Article 3. 
Seamen shall have the same remedies for recovering such indemni- 
ties as they have for recovering arrears of wages earned during the 
service. 

Article 4. 
Each Member of the International Labor Organization which rati- 
fies this Convention engages to apply it to its colonies, protectorates 
and possessions which are not fully self-governing: 

(a) Except where owing to the local conditions its provisions are 
inapplicable; or 

(b) Subject to such modifications as may be necessary to adapt 
its provisions to local conditions. 

Each Member shall notify to the International Labor Office the 
action taken in respect of each of its colonies, protectorates and 
possessions which are not fully self-governing. 

Article 5. 
The formal ratifications of this Convention under the conditions 
set forth in Part XIII of the Treaty of Versailles of 28 June, 1919, 
of the Treaty of St. Germain of 10 September, 1919, of the Treaty 
of Neuilly of 27 November, 1919, and of the Teaty of the Grand 
Trianon of 4 June, 1920, shall be communicated to the Secretary 
General of the League of Nations for registration. 

Article 6. 
As soon as the ratifications of two Members of the International 
Labor Organization have been registered with the Secretariat, the 
Secretary General of the League of Nations shall so notify all the 
Members of the International Labor Organization. 

436 



INTERNATIONAL LABOR ORGANIZATION 

Article 7. 
This Convention shall come into force at the date on which such 
notification is issued by the Secretary General of the League of 
Nations, and it shall then be binding only upon those Members which 
have registered their ratifications with the Secretariat. Thereafter 
this Convention will come into force for any other Member at the 
date on which its ratification is registered with the Secretariat. 

Article 8. 
Subject to the provisions of Article 7, each Member which ratifies 
this Convention agrees to bring its provisions into operation not 
later than 1 July, 1922, and to take such action as may be necessary 
to make these provisions effective. 

Article 9. 
A Member which has ratified this Convention may denounce it 

after the expiration of ten years from the date on which the Con- 
vention first comes into force, by an act communicated to the Secre- 
tary-General of the League of Nations for registration. Such denun- 
ciation shall not take effect until one year after the date on which 
it is registered with the Secretariat. 

Article 10. 
At least once in ten years, the Governing Body of the International 
Labor Office shall present to the General Conference a report on 
the working of this Convention, and shall consider the desirability 
of placing on the agenda of the Conference the question of its re- 
vision or modification. 

DRAFT CONVENTION FOR ESTABLISHING FACILITIES 
FOR FINDING EMPLOYMENT FOR SEAMEN. 

Article 1. 
For the purpose of this Convention, the term "seamen" includes 
all persons, except officers, employed as members of the crew on 
vessels engaged in maritime navigation. 

Article 2. 

The business of finding employment for seamen shall not be 
carried on by any person, company, or other agency, as a commerical 
enterprise for pecuniary gain; nor shall any fees be charged directly 
or indirectly by any person, company or other agency, for finding 
employment for seamen on any ship. 

The law of each country shall provide punishment for any viola- 
tion of the provisions of this Article. 

Article 3. 

Notwithstanding the provisions of Article 2, any person, company 
or agency, which has been carrying on the work of finding employ- 
ment for seamen as a commercial enterprise for pecuniary gain, may 
be permitted to continue temporarily under Government license, pro- 
vided that such work is carried on under Government inspection and 
supervision so as to safeguard the rights of all concerned. 

Each Member which ratifies this Convention agrees to take all 
practicable measures to abolish the practice of finding employment 
for seamen as a commercial enterprise for pecuniary gain as soon as 
possible. 

437 



THE INTERNATIONAL PROTECTION OF LABOR 

Article 4. 

Each Member which ratifies this Convention agrees that there shall 
be organized and maintained an efficient and adequate system of public 
employment offices for finding employment for seamen without charge. 
Such system may be organized and maintained, either: 

^ (1) By representative associations of shipowners and seamen 
jointly under the control of a central authority, or, 

(2) In the absence of such joint action, by the State Itself. 

The work of all such employment offices shall be administered by 
persons having practical maritime experience. 

Where such employment offices of different types exist, steps shall 
be taken to co-ordinate them on a national basis. 

Article 5. 
Committees consisting of an equal number of representatives of 
shipowners and seamen shall be constituted to advise on matters con- 
cerning the carrying on of these offices; the Government in each 
country may make provision for further defining the powers of these 
committees, particularly with reference to the committees' selection 
of their chairmen from outside their own membership, to the degree 
of State supervision, and to the assistance which such committees 
shall have from persons interested in the welfare of seamen. 

Article 6. 
In connection with the employment of seamen, freedom of choice 
of ship shall be assured to seamen and freedom of choice of crew 
shall be assured to shipowners. 

Article 7. 
The necessary guarantees for protecting all parties concerned shall 
be included in the contract of engagement or articles of agreeemnt, 
and proper facilities shall be assured to seamen for examining such 
contract or articles before and after signing. 

Article 8. 
Each Member which ratifies this Convention will take steps to see 
that the facilities for employment of seamen provided for in this Con- 
vention shall, if necessary, by means of public offices, be available for 
the seamen of all countries which ratify this Convention, and where 
the industrial conditions are generally the same. 

Article 9. 
Each country shall decide for itself whether provisions similar to 
those in this Convention shaH be put in force for deck-officers and 
engineer-officers. 

Article 10. 

Each Member which ratifies this Convention shall communicate to 
the International Labor Office all available information, statistical or 
otherwise, concerning unemployment among seamen and concerning 
the work of its seamen's employment agencies. 

The International Labor Office shall take steps to secure the co- 
ordination of the various national agencies for finding employment 
for seamen, in agreement with the Governments or organizations con- 
cerned in each country. 

438 



INTERNATIONAL LABOR ORGANIZATION 

Article 11. 
Each Member c5 *he International Labor Organization which rati- 
fies this Convention engages to apply it to its colonies, protectorates 
and possessions which are not fully self-governing: 

(a) Except where owing to the local conditions its provisions are 
inapplicable; or 

(b) Subject to such modifications as may be necessary to adapt 
its provisions to local conditions. 

Each Member shall notify to the International Labor Office the 
action taken in respect of each of its colonies, protectorates and 
possessions which are not fully self-governing. 

Article 12. 
The formal ratifications of this Convention under the conditions 
set forth in Part XIII of the Treaty of Versailles of 28 June, 1919, 
of the Treaty of St. Germain of 10 September, 1919, of the Treaty 
of Neuilly of 27 November, 1919, and of the Treaty of the Grand 
Trianon of 4 June, 1920, shall be communicated to the Secretary- 
General of the League of Nations for registration. 

Article 13. 
As soon as the ratifications of two Members of the International 
Labor Organization have been registered with the Secretariat, the 
Secretary-General of the League of Nations shall so notify all the 
Members of the International Labor Organization. 

Article 14. 
This Convention shall come into force at the date on which such 
notification is issued by the Secretary General of the League of 
Nations, and it shall then be binding only upon those Members which 
have registered their ratifications with the Secretariat. Thereafter 
this Convention will come into force for any other Member at the 
date on which its ratification is registered with the Secretariat. 

Article 15. 
Subject to the provisions of Article 14, each Member which ratifief 
this Convention agrees to bring its provisions into operation not later 
than 1 July, 1922, and to take such action as may be necessary to 
make these provisions effective. 

Article 16. 
A Member which has ratified this Convention may denounce it 
after the expiration of ten years from the date on which the Con- 
vention first comes into force, by an act communicated to the Secre- 
tary-General of the League of Nations for registration. Such de- 
nunciation shall not take effect until one year after the date on which 
it is registered with the Secretariat. 

Article 17. 
At least once in ten years, the Governing Body of the Internationa! 
Labor Office shall present to the General Conference a report on 
the working of this Convention, and shall consider the desirability 
of placing on the agenda of the Conference the question of its re- 
vision or modification. 



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